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(영문) 인천지방법원 2020.09.17 2020고단4967
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 19:30 on May 10, 2020, the Defendant, “C” located in Michuhol-gu Incheon, Michuhol-gu, Incheon, destroyed and damaged the door door of the store equivalent to KRW 200,000 of the market price of the victim D, which was a dangerous object in the neighborhood.

around 20:30 on July 22, 2020, the Defendant requested to return home from the slope G belonging to the Incheon Michuhol-gu Police Station F District Unit of the Incheon Michuhol-gu Police Station, which was called the “C” in front of the “C” located in Michuhol-gu Incheon, and on July 22, 2020, after receiving the report of 112, the Defendant called the “C”, and requested to return home from the sloping G belonging to the Fridge of the Incheon Michuhol-gu Police Station, which was called the “Neeen is not a pet, a few shots,” and led to one time the left hand-hand face of the said G.

As a result, the defendant interfered with the maintenance of police officers' order and legitimate execution of duties concerning 112 reported processing affairs.

Summary of Evidence

The summary of each evidence of the 2020 Highest 4967, 2020 Highest 6757 and 2020 Highest 6757 shall be integrated and arranged to be stated.

1. Statement of the police concerning G of the defendant in court;

1. Application of the D’s written investigation report (victim D telephone conversations), damage photographs, flogs, and statutes governing video CDs;

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

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

B. Crimes No. 2 (Special Destruction and Damage of Property) (Determination of Punishment). Cumulative Crime, Special Destruction and Damage (Type 1). Cumulative Offense, Special Destruction and Damage (Type 1).

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