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(영문) 대구지방법원 서부지원 2016.08.19 2016고단1038
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 4, 2016, at around 22:55, the Defendant: (a) attended an elementary school alumni meeting on the street in Seo-gu, Daegu-gu, Seo-gu, “C” restaurant; (b) opened a sidewalk block, which is a dangerous object that had been parked on the floor after drinking alcohol; and (c) opened a c,583,915 won of the repair cost, the Defendant damaged the entrance, etc. of the said vehicle, etc.; and (d) opened the restaurant wall and the entrance, which are dangerous objects, owned by the victim F and damaged by having the c,583,915 won of the repair cost.

2. On March 4, 2016, at around 23:15, the Defendant interfered with the performance of official duties by assaulting the facts under paragraph (1) by a police officer belonging to the Seo-gu Seo-gu Police Station G District, Seo-gu, Daegu, who was called after receiving a report that a person who was frighted at the same place as Paragraph (1) 1, frighted to wear a fright, arrested him/herself on the back of the patrol police officer and frighted him/herself on the ground that he/she was killed in a flagrant offender, and frighted on the back of the patrol police officer, with his/her face part of the H’s face one time at the second head, thereby obstructing the police officer’s legitimate performance of duties concerning handling reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H, D, and F;

1. Articles 369(1), 366, and 136(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

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 stay of execution (including the fact that there is no previous conviction heavier than the fine, the fact that it is a contingent crime, the fact that the victim F is not punishable, the fact that the victim F is not punishable, and the fact that it is against

1. The community service order under Article 62-2 of the Criminal Act;

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