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(영문) 의정부지방법원 2018.01.24 2017고단5439
재물손괴등
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

가. 재물 손괴 피고인은 2017. 8. 31. 15:35 경 경기 남양주시 D에 있는 피해자 E 운영의 ‘F’ 가게 앞 도로에서 술에 취하여 B과 함께 소란을 피우던 중 아무런 이유 없이 피해자 소유인 시가 3만 원 상당의 목재 탁자를 집어던져 부숴 손괴하였다.

B. The Defendant interfered with the performance of official duties at the above date, time, place, and upon receiving a report that the Defendant avoided the disturbance as above, and received a request from Ha to present an identification card from the police officer belonging to the Namyang-gu Police Station G District of the Namyang-gu Police Station for the presentation of an identification card.

G. He saw that he she was aware of “h.”, and assaulted by her hand such as smugglinging H’s chests.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. Defendant B, under the influence of alcohol at the above date, was used on the floor at the above time, at the above place, and asked that the slope I belonging to the Namyang-ju Police Station G District would be decent, and caused to put himself, Defendant B committed assault, such as the following: (a) he she was able to see, “I must see to us. I will see to us. I will see to us,” and (b) he was able to walk I’s arms on the left side.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in each police statement made to H and I;

1. Written statements of E and J;

1. Detailed descriptions of damaged objects photographs, police officer's assault photographs, and the application of video Acts and subordinate statutes;

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

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for a crime of interfering with heavier execution of public duties);

1. Defendants on probation: Article 62 of the Criminal Act.

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