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(영문) 대구지방법원 서부지원 2017.11.03 2016고단2394
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 October 15, 2016, the Defendant damaged the victim D on the road in the Seogu Daegu-gu, Daegu-gu, Daegu-gu, on the ground that there are other females on the front of the victim D, thereby damaging the victim’s market price at a size of 50,000 won per each selling part of the victim’s possession.

2. On the 24th of the same month, at around 01:52, at the same location as Paragraph 1, paragraph 1, the Defendant obstructed the performance of official duties, the Defendant was forced to enter the house of the above D from F (23 taxes) to a police officer belonging to the Sungdong Police Station E (23 taxes) of the Sungdong Police Station, called out after receiving the above D's 112 report, and was urged to return home, and the Defendant was forced to leave the chest part of the above F up to four times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attaching a victim's tear clothes or photographs, or attaching a report sheet of 112 reported cases, etc.);

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Jan. 1, 201; 201Do1114, Jan. 2, 201

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