logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.05.12 2017고단771
재물손괴미수등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 8, 2017, the Defendant attempted to damage property, at the house of the injured party C in Ansan-si, Masan-si, Masan-si, Masan-si, B 303, the Defendant failed to commit an attempted crime because the Defendant was able to receive a demand from the related parties for a change in the market price due to a large amount of money problem with the victims who have been involved in the relationship with him/her.

2. The Defendant obstructed the performance of official duties, at the above date, at the above place, and at the above time, and at the place of the 112 assault report, received a demand from the police officer E and the injured party, who is the police officer belonging to the patrol team 1 team, to leave the victim’s house, and thereby, took a desire to take a request from the victim’s house, such as “Cyp gup gup, Ma, one, one, one, and another,” and obstructed the police officer’s legitimate performance of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. The application of Acts and subordinate statutes to photographs of the scene of damage, log logs for victims, details of receipt of reports 12, and data on cell phone image images;

1. Relevant Article 371 of the Criminal Act, Articles 371 and 366 of the Criminal Act ( point of attempted destruction of property), Article 136 (1) of the Criminal Act ( point of obstructing the performance of official duties), and Articles 136 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] The mitigated area (one month to eight months) (no person subject to special sentencing] shall be dealt with: The sentencing guidelines are not set for attempted property damage related to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the crime of this case is limited to the defendant's attempted property while under the influence of alcohol, and violence is committed.

arrow