A defendant shall be punished by imprisonment with prison labor for up to six 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.

Punishment of the crime

1. 재물 손괴 피고인은 2018. 5. 26. 03:25 경 고양 시 덕양구 B에 있는 ‘C’ 앞길에서, 일행들과 다투던 중 화가 나 자신의 가방을 피해자 D 소유의 E 모닝 승용차에 던진 후 발로 위 승용차 옆 부분을 1회 걷어찼다.

Accordingly, the defendant damaged the above car owned by the victim in the amount of KRW 200,000.

2. On May 26, 2018, the Defendant: (a) received a 112 report from “G” located in Seoyang-gu F at Seoyang-gu, Seoyangyang-gu; and (b) received a request from I to speak about the personal information from the circumstances belonging to the Hoyang-gu police station H District; (c) “I have no identification card; (d) I have no identification card; (c) I have expressed a desire to talk about the said I’s part by hand.”

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each statement of D, J and K;

1. Written estimate of damage;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366(1) of the Criminal Act (the point of destroying property) and the choice of imprisonment with prison labor 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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined by comprehensively taking into account all the following circumstances and conditions of sentencing as shown in the trial process, including the Defendant’s age, sex, environment, family relation, motive, circumstance, means, consequence, circumstance after the crime, relationship with the victim, etc.

The Defendant recognized and reflected each crime, and agreed with the victim of the crime of damage to property.

There is no record of criminal punishment against the defendant.

It seems to be a contingent crime.