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(영문) 의정부지방법원 2016.03.23 2015고단4501
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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 November 1, 2015, the Defendant damaged the property by allowing the victim C to walk the stud gate of D-si, which is owned by the victim C twice on the road in front of the Namyang-si, Namyang-si, Seoul, without any reason, so that the market value of the string string string string string string string string string string string string string.

2. The Defendant, at the same time and place, committed an assault, such as: (a) a police officer affiliated with the E police box called “F to arrest the Defendant as a current offender for property damage; (b) a buckbucks left side of the F, walking the bucks one time; and (c) a kising the right arms by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police with regard to F;

1. A C statement;

1. Application of the Acts and subordinate statutes on photographs of damaged vehicles and vice photographs damaged by violence;

1. Relevant Article 136 of the Criminal Act, Article 136 of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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 (The following favorable circumstances):

1. Where an actual damage is minor in the area of special mitigation (one to six months), the area of special mitigation (one to six months), the area of punishment (one to six months), the area of punishment (one to six months), the area of final sentence due to the aggravation of punishment, and the scope of final sentence due to the aggravation of punishment, Article 59 of the Act on the Observation, etc. of Protection, Etc. [the scope of punishment] [the scope of punishment recommended] under Article 62-2 of the Criminal Act, Article 59 of the Act on the Punishment, etc. of Social Service, and Article 1 of the Act on the Punishment, etc. of Specific Crimes [the scope of punishment recommended], and Article 2 of the Act on the Punishment, etc. of Specific Crimes (the scope of punishment ordered] under Article 62-1 of the Act on the Punishment, etc. of Specific Crimes: Imprisonment with prison labor for six months from six months to one year [the State's legal order for suspended execution in two years, and for the establishment of public authority and the eradication of climate of public authority, etc.

Moreover, the Defendant.

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