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(영문) 의정부지방법원 2016.07.19 2015고단4980
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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 September 26, 2015, the Defendant destroyed special property: (a) 18:45 on September 26, 2015, on the street in front of the “E cafeteria” operated by the victim D, the Defendant: (b) laid off the entrance of the said establishment, which is a dangerous object owned by the victim under the market price, four times on the ground that the victim did not contact the victim; and (c) damaged it.

2. The Defendant interfered with the performance of official duties at the date, time, place, and place of Paragraph 1, and “I am with a deadly weapon.”

Upon receipt of the report 112, G, a police officer of the F District Police Station of the Gu Government Police Station, called “A”, discovered the Defendant, and arrested the Defendant as a flagrant offender under suspicion of special property damage, and assaulted the right eye of the said G with his fingers.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement of D, H and I;

1. A report on investigation (2 beams);

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 136(1) (a) of the Criminal Act, Article 136(1) (a) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of punishment according to the sentencing guidelines] Basic Crimes: Disorder of interference with the performance of official duties [the scope of recommendations]: Type 1 (Interference with the performance of official duties and coercion of duties) in the basic area (six months to one year and four months) [the person who is subject to special sentencing]: Crimes of destroying Special Property [the scope of recommendations]] types 1 (Habitual, Cumulative, Cumulative, Special Destruction, etc.] in the mitigated area (4 months to ten months), [the person subject to special mitigation] in the mitigated area of punishment [including the person who has made a serious effort to recover damage], or where damage has been restored to a considerable part, six months to one year (one year and nine months).

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