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(영문) 대전지방법원 홍성지원 2018.05.01 2017고단904
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Damage to special property;

A. On September 20, 2017, the Defendant destroyed KRW 1,492,907, the repair cost of the Defendant, using multiple sections for repair of vehicles, which are dangerous objects in the 104-dong underground parking lots, Hongsung-gun apartment complex B, Hong-gun, Hongseong-gun, 104, for the victim C (Woo 46 years old) of the Defendant, who is a frighter, using multiple sections for repair of vehicles (e.g., the front, lighting glass, and pans) operated by the Defendant.

B. On November 16, 2017, at around 12:20, the Defendant collected fire extinguisherss from the end of home, a dangerous object around the victim’s entrance, which was located around the victim’s entrance, and destroyed the repair cost to KRW 300,000,00.

2. On November 16, 2017, at around 17:05, the Defendant: (a) reported 112 that the Defendant, at the places indicated in the foregoing paragraph 1-B, would threaten the Defendant’s spouse C by searching for three times at the entrance, destroying the entrance, and verbal abuse; and (b) could take a separate measure to ensure the safety of C, and the police box belonging to the Hongsung Police Station E box sent out to the site; (b) however, the Defendant was able to take a separate measure to ensure the safety of C; (c) however, the Defendant was tightly tightly pushed up the F on the rooftop, refusing to leave.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Each police statement concerning G and F;

1. The 112 reported case settlement table, respectively;

1. On-site photographs and sites for photographs (the photographs that a person under consideration has damaged a victim C's vehicle on September 26, 2017);

1. Application of a written estimate of general repair costs to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act, the choice of imprisonment for a 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 1.

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