logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.05.13 2020고단932
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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. Around 21:50 on February 14, 2020, the Defendant: (a) laid down a stone on the roads adjacent to the parking lot for the building B in the Gu-si city; and (b) laid down a stone on the top of the front glass of the Do-si operated by the victim C, thereby damaging the undeveloped glass of the market price.

2. On February 14, 2020, the Defendant reported the places indicated in paragraph (1) around 21:55 on February 14, 2020, and reported the 112 report that “the vehicles with the entrance and exit of a glass window was broken.” On February 14, 202, the Defendant sent back one time to the police officer in the process of arresting the Defendant as a flagrant offender from the police officer in the House E District of the Speaker, the police station, E Zone, and the police officer of the F.

Accordingly, the defendant assaulted F and interfered with the legitimate execution of police officers' duties related to the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of C and G;

1. The application of Acts and subordinate statutes on photographs of taxi and victimized police officers, and photographic data by capturing booms images;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

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

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Article 62-2 of the Probation Criminal Act: The defendant was able to care for his/her taxi on which he/she is on board, and the method of committing the crime was very dangerous, and the victim's damage was not recovered.

O favorable circumstances: The defendant appears to have caused a contingency to this case under the influence of alcohol, the defendant is against the confession of a crime, the degree of damage is not significant, the defendant has no criminal record of suspended execution or more than punishment imposed by a fine, the defendant has to support his/her mother and consciousness, and the degree of assault against police officers is not much serious.

O The defendant's age, character, character, environment in the favorable circumstances as above.

arrow