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(영문) 의정부지방법원 2016.12.01 2016고단4673
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who visits the victim D(n, 46 years of age) in Macheon-si as a guest to the "Eknote" operated by the victim D(n, 46 years of age).

1. On November 1, 2016, the Defendant damaged the property at the above “EM store” around November 21, 2016, on the ground that the victim was able to drink and walk the entrance at the studio and the entrance at the studio, which is the market price owned by the victim.

2. On November 1, 2016, at around 22:40, the Defendant obstructed the operation of the victim’s place of business by force by force, such as: (a) the Defendant’s influorial name and the victim’s influorial value; (b) he paid the Defendant’s influorial value; and (c) the teluorial defect; and (d) shouldering the teluor’s influorial disease, contact, etc. on the market price, which was on the table of the table, by hand.

3. At around 23:00 on November 1, 2016, the Defendant refused to take on the part of the police officer who was dispatched after receiving a report from the above “Eju shop” to arrest the Defendant as a flagrant offender and to take on the part of the patrol vehicle. On February 23, 2016, the Defendant assaulted the Defendant, who was on two occasions at the right part of G in the course of the police box belonging to the Macheon Police Station: (a) was carrying the Defendant on the back seat of the patrol vehicle; (b) was seated on the back seat of the patrol vehicle; and (c) was accompanied by two times the left part of the said G with his head.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. Written statements of D;

1. Investigation report (proving the fact of damage, etc.);

1. A report of investigation, and a copy of public official identification;

1. Investigation report (Attachment of a voice file) and investigation report (the confirmation of a voice file on a public cell phone);

1. A criminal investigation report (with regard to failure to attach a written estimate);

1. Application of Acts and subordinate statutes on site inspection;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively.

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