logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.02.03 2016고단5199
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 October 23, 2016, the Defendant damaged property: (a) around 20:05, at around two 20:05, the Defendant intending to drink two alcohols from the subdivision type C in the Gangnam-gu Seoul Metropolitan Government B market; and (b) tried to look back on the front side of the said market expense; (c) was removed from D, and (d) was removed from D, on the ground that the said market security guard was subject to the said guard’s complaint, the Defendant laid down the Victim G-owned glass window.

As a result, the Defendant damaged the amount of 25,000 won for repairing costs by shouldering one copy of the primary glass window owned by the victim.

2. The Defendant interfered with the performance of official duties, upon receiving a report from 112 to the effect that he gets a person who has broken the portrait glass of the security guards at the time and place specified in paragraph 1, expressed that the police officer F belonging to the Seoul Southern Police Station E District would have expressed the Defendant under the influence of alcohol and, without any particular reason, assaulted the Defendant at one time at the left side of the said F, with the Defendant’s hand at the time and place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G and F;

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. For the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the first crime (Interference with the performance of official duties) [the scope of recommending punishment] and the second crime (damage) with no special sentencing person [the scope of recommending punishment] under Article 62-2 of the Social Service Order Act (the scope of punishment] under Article 62-2 of the Act, where the actual damage is minor, the scope of final sentence due to the aggravation of multiple crimes: six months to nine years [the decision of sentence] under Article 62-1 of the Act.

arrow