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(영문) 부산지방법원 동부지원 2018.04.18 2016재고단7 (1)
특수재물손괴등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

[criminal record] On September 12, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of obstructing the performance of special official duties in the Busan District Court’s Dong Branch, and the judgment became final and conclusive on December 15, 2016.

[Criminal facts]

1. On November 24, 2014, around 21:20, the Defendant: (a) destroyed a dangerous object under the influence of alcohol in front of the victim D’s house located in Nam-gu Busan Metropolitan City C Manshion A ( approximately 25.5 cm in total length, approximately 15.5 cm in length on the day); and (b) destroyed four chemical parts, the victim’s possession, and one store glass, the store glass, which were located there.

2. A special intimidation: (a) the Defendant: (b) threatened the victim with the victim, who was at the above time and at a place where the victim was exposed to the sound of glass windows, etc.; (c) “Influenced the victim D,” who was an article dangerous to the victim D; and (d) threatened the victim by “influenced the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (on-site image and virtual photo);

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for the crime, and the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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