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(영문) 대전지방법원 논산지원 2017.06.13 2017고단241
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 January 26, 2016, the Defendant who damaged property: (a) had a fire extinguishing machine on the first floor of 108 Dong-dong 108, which was in dispute with the Defendant’s wife around Seosan-si apartment 108, the Defendant damaged KRW 100,000 won of the replacement cost for replacement of the glass managed by the management office of B apartment, by putting it up on the glass of the entrance entrance of the first floor of 108 Dong.

2. The Defendant interfered with the performance of official duties at the time, time, and place set forth in paragraph 1, and at the place, who received a report of 112 due to the above disturbance, and obstructed a police officer’s legitimate performance of official duties in relation to the duty of reporting 112, by exposing the slope D belonging to the Seosan Police Station C District D to arrive at the scene and getting off from the patrol car.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. 112 A list of reported handling;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the 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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment / [the scope of punishment ] the basic area of the first type of crime (the interference with the performance of official duties and the coercion of duties] (the period from June to one year) (the scope of recommending punishment / [the scope of recommending punishment / [the person who has been specially mitigated] the mitigation area (one to six months), the mitigation area (including a serious effort to recover damage), the punishment exemption area (including a person who has been specially mitigated), or a significant damage, the final mitigation scope of punishment for the multiple aggravated crimes: June to September [the decision of sentence] the defendant's wrong and the defendant's repayment of replacement expenses is deemed to have been made.

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