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(영문) 의정부지방법원 2020.11.12 2020고단2386
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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. On August 18, 2020, at around 22:20, the Defendant: (a) obstructed the course of C vehicle driven by the victim B while under the influence of alcohol on the road located on a 11-lane 84-gild 11, East-do, East-si, and demanded the victim to turn off from the vehicle; and (b) caused the damage to the said vehicle by generating the driver’s seat and backer of the vehicle on the front side of the vehicle’s seat, which is the victim who was under a stop at that place, the victim of the vehicle; and (c) causing a shock on the front side of the vehicle’s pent part.

2. The Defendant, at the time and place specified in paragraph (1), and at the same time and place specified in paragraph (1) B’s 112 report and requested the victim D, a police officer, to speak about personal information and the circumstances of the case, and the victim’s public insultd the victim by publicly alleging that the victim “I Chewing. Neas is a police officer, I am this opening, kin, and kin.”

3. The Defendant at the time and place specified in paragraph (1) and reported at the above 112 site, and sent him to the scene by F, who was demanded to present his identification card from F to the police officer affiliated with the Dongducheon Police Station’s living safety and E box, saying he “N is suitable for a police officer,” and the Defendant took the head of the above F one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes of the 112 Report and Handling Table within a police box, photographic materials (vehicle destruction section, police officer’s damaged part, etc.), service log of the police box, video image analysis photograph, and the 112 Report and Handling Document;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

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