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(영문) 인천지방법원 2017.04.27 2017고단524
재물손괴등
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 December 3, 2016, at around 21:15, the Defendant: (a) was drunk in front of the etet of the victim D management in Namdong-gu Incheon Metropolitan City, the Defendant destroyed the 3-time display stand on the floor, where the packaging price of the fruit is teared; and (b) the 3-time display stand was 131,50 won in total in the market price by attaching three-time display stand.

2. The Defendant obstructed the performance of official duties, at the same date and time as paragraph (1) of this Article, and at a place where 112 was reported and served with the police box of the Incheon Southern East-dong Police Station, on the ground that G was arrested the Defendant as a current offender for the damage of property, and used the Defendant’s left side bucks of the said G twice by sending out of the above G, and used the Defendant at the office of the above police box located in the Namdong-gu Incheon Metropolitan City, Nam-gu, Incheon, without any particular reason, to walk up one time with the left buckbucks.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement of I;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Articles 136 (1) and 136 of the Criminal Act, and the choice of imprisonment 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. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Where the degree of interference with the execution of official duties is minor, such as assault, intimidation, deceptive scheme, or interference with the performance of official duties in the mitigated area (one month to eight months) of Class 1 (Interference with the performance of official duties and coercion of duties) (one month to eight months);

2. Where the actual damage is insignificant in the area of special mitigation (one month to six months), (special mitigation) (person with special mitigation) within the scope of damage (including serious efforts to recover damage), or where significant damage has been recovered from the sources of punishment (including serious efforts to recover damage), within the scope of general standards;

3. The scope of final sentence due to the aggravation of multiple offenses: one month to one month; and

4. In addition to the above sentencing factors, the defendant has the same type of criminal records.

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