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(영문) 서울북부지방법원 2013.05.23 2012고단1097
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2012, the Defendant causing property damage: (a) around 22:31, 2012, the victim D parked his/her BMW car in front of Seoul, and (b) without any reason under the influence of alcohol, the Defendant destroyed the repair cost of KRW 1,986,259 by cutting off his/her Da head even on the said car as a drinking.

2. At the above time and place of the obstruction of performance of official duties, the Defendant: (a) sent to the site upon receipt of 112 report and obstructed a police officer’s legitimate performance of duties concerning the prevention of police officer’s crime by assaulting and threatening the victim’s face to “I am satisfy, I do not know that I will do not ar she will do so; and (b) I want to am her face by saving the F’s body in his arms; and (c) I am satisfy and satisfy the Defendant’s satisfy; and (d) having her face to her face by assaulting and threatening the victim in a way that would display him/her at the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Articles 366 and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Setting of sentencing criteria for damage to property;

2. 공무집행방해 유형 구분 감경 기본 가중 1 공무집행방해/직무강요 - 8월 6월 - 1년4월 1년 - 4년 [양형기준] [특별일반양형인자] 해당 사항 없음 ⇒ 권고형량: 6월 - 1년4월(기본영역) [집행유예] 긍정적(사회적 유대관계 분명, 진지한 반성)

3. Ten months of imprisonment with prison labor and two years of suspended execution (including agreement with victim D, deposit of KRW 500,000 in money against police officers F, five days of days of detention, etc.).

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