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(영문) 부산지방법원 동부지원 2018.09.12 2018고단967
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 25, 2018, around 16:45, the Defendant damaged the above liquid, glass, and portable phone, such as: (a) at the house of the Victim C (A) who was the mother of Busan-gun, Busan-gun, B apartment building 308 Dong 402, and 80 years old; and (b) at the house of the mother, the mother took out a loan by taking the house as collateral, but not showing the loan agreement, and (c) the Defendant did not give money to the Defendant; (d) 5 liquids inside the house on the ground that he did not show the loan agreement; and (e) 2 head of the inner glass window in the form of the luxor’s luxor and 2 head of the inner glass window was broken, and the mobile phone was separated and destroyed.

2. On April 25, 2018, the Defendant interfered with the performance of official duties at the office of the head of the above mother C around April 17:10, 2018, where the mother’s head requested the apartment security guard to file a 112 report, and the circumstances leading up to the Busan’s police box, etc. dispatched upon receipt of such a report by the head of the Gu, the Busan’s head of the Busan’s Police Station Diplomatic Police Station E, etc. entered the house where the glass

"Recognizing the defendant as " and leaving the defendant in the house as they are with the mother's father, there is a possibility that it may harm the mother's father, thereby leaving the house.

Although the defendant refused to arrest the defendant as a current offender who destroyed the property, the defendant obstructed legitimate execution of duties related to E's 112 reporting processing, such as flaging flag by flaging the eye of E in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes of a criminal investigation report (27 pages of evidence records);

1. Relevant Article 366 of the Criminal Act, Articles 136 (1) (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, the choice of imprisonment for a crime;

1. As to the Defendant’s assertion in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated concurrent crimes, the Defendant did not notify E of the summary of the crime at the time of arresting himself/herself, the reason for arrest, and the fact that he/she can appoint a defense counsel. Thus, the Defendant’s assertion is unlawful.

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