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(영문) 서울동부지방법원 2014.09.17 2014고단1791
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 15, 2014, the Defendant: (a) around 22:20 on June 15, 2014, at the main point of “E” operated by the victim D located in Gangdong-gu Seoul Metropolitan Government, the Defendant was dissatisfied with the Defendant’s daily activity; and (b) at the same time, the victim’s market price, which is the victim’s ownership, was laid down on the floor with a decoration 20,000 won type.

Accordingly, the defendant damaged the victim's property.

2. At around 23:00 on June 15, 2014, the Defendant: (a) arrested the Defendant as a flagrant offender on the grounds of Paragraph (1) by the head of the police station affiliated with the Seoul Gangseo-dong Police Station F District G, who was dispatched after receiving a report of 112 on the front of the said “E” street; and (b) assaulted G with the wheels that would make it a single saw.

Accordingly, the Defendant interfered with the police officer's report processing and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to H and I;

1. Relevant provisions of the Criminal Act, Articles 366 and 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Obstruction of Performance of Official Duties and Compelling of Duties)

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