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(영문) 대전지방법원 2018.12.06 2018고단3399
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant who damages property is the legal marital relationship with the victim B.

On May 22, 2018, the Defendant: (a) at the residence of the Defendant in Daejeon-gu Daejeon-gu, Daejeon-gu on May 22, 2018; (b) at the time of the victim’s out-of-the-counter gambling, the victim was faced with the victim, and (c) the victim was faced with the disease that was faced with the victim, and (d) the victim reported the defect to the police; and (e) whether the victim reported the defect.

"Abrept the victim's interest in common possession with the victim by drinking," and abreed it.

Accordingly, the defendant damaged the property owned by the victim to be a repair cost in the market.

2. The Defendant interfered with the performance of official duties, upon receipt of a report from B at the time, at the time, at the place specified in paragraph 1, entered the said residence of the Daejeon District Police Station D police officer of the Daejeon District, and the Inspector F entered the said residence, and prevented the Defendant from shouldering the glass of the entrance, such as paragraph 1, and caused him to go through, and at once, the face of the said F was taken by drinking.

Accordingly, the above E and F arrested the Defendant as a current offender, such as the crime of destroying property, and the Defendant was called the above E and F as “C impule”, and the face of the above E was received once as head.

At that place, the Defendant continued to receive the face of the above E in the process of running along the district of the police station of the Daejeon Middle-gu Daejeon District.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. B written statements;

1. Arrest reports and investigation reports (including attachment of work log and additional data), such as damage to property, etc. by the suspect;

1. Application of field photographs, victim photographs, and statutes;

1. Articles 136 (1) and 366 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (limited to cases where a person interferes with the execution of official duties in the judgment);

1. Selection of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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