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(영문) 부산지방법원 2018.07.05 2018고단1355
재물손괴등
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 February 24, 2018, the Defendant: (a) around 19:50 on February 24, 2018, the Defendant: (b) destroyed a misunderstanding, illumination, etc. equivalent to KRW 9.40,00,00 in the market price owned by the victim D, a victim D, who had performed drinking in Busan, by drinking in a 7th room; (c) and (d) and then, (d) booming the table, who was under the influence of alcohol, and booming the table while drinking.

2. On February 24, 2018, the Defendant interfered with the performance of official duties, harming the Defendant’s property, and destroying property, at the same place as the above 1. Paragraph (1) on February 24, 2018, hereinafter the Defendant 1.

“The victim’s 112 reported and sent out the victim’s 112 Bridge G was able to take a bath for the said victim on the ground that he was the Defendant, and the victim’s boomed the bridge, thereby leading the victim to approximately two weeks of treatment, and thereby, damaged the victim’s bridge, 36,000 won of repair cost.

As a result, the defendant interfered with the legitimate execution of duties by police officers in the suppression of crimes and criminal investigation, and at the same time injured the defendant, and damaged the property owned by the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or G;

1. G statements;

1. A written opinion and a medical certificate;

1. On-site, a photograph of damage, and quotation;

1. A report on investigation (CCTV analysis) and the application of CCTV video-related Acts and subordinate statutes;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense (the point of damage to each property and the choice of each imprisonment), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act (the point of harm);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (inter-party between a crime of obstructing the performance of official duties and an injury, and 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 (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

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