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(영문) 인천지방법원 부천지원 2016.06.23 2016고단1182
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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 March 6, 2016, at around 04:10, the Defendant who damaged property: (a) was under the influence of alcohol at the instant singing club operated by the victim C, who was located in Seocheon-gu, Seocheon-si B; and (b) was able to hear the statement that he would be the victim.

Where blades are located

"......... as we look at the main room from the damaged person, the studio, which is the victim's possession, and the studio on the wall and the stlue, which is the part of the corridor, damaged the glass of the cooling blue that is exclusively used for alcoholic beverages by blueing the fire into the blue and the part in the corridor.

Accordingly, the defendant has damaged the book of the amount of KRW 1,250,000 in the market price owned by the victim and has harmed its utility.

2. On March 6, 2016, the Defendant: (a) was arrested as a flagrant offender in relation to the assault case at the F District District District of the original U.S. police station located in Seocheon-gu, Seocheon-gu, Nowon-gu; (b) obstructed the Defendant from entering the police station of the above police station; (c) took a bath to prevent the Defendant from entering the police station; and (d) embling the Defendant’s personal attack toward G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to field photographs, photographs at the scene of damage, and estimates;

1. Relevant legal provisions concerning facts constituting an offense, Article 136(1) of the Criminal Act (the occupation of failing to perform official duties), Article 366 of the Criminal Act (the occupation of destroying property), and the choice of imprisonment, respectively;

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

3. The grounds for the sentencing of Article 62(1)(i) of the Act on the Suspension of Execution of Sentence 1 of the Criminal Act (Interference with the Execution of Official Duties) are the crimes (Scope of Recommendation) [Article 62(1)(iii) of the Act on the Suspension of Execution of Official Duties] (Article 62(1)(Scope of Recommendation], and Article 62(1)(Article 62(1)(Article 62(1)(Article 62 of the Act on the Suspension of Execution of Official Duties (Article 62(1)(Article 62 of the Act on the Suspension of Execution of Sentence 1(Interference with the Execution of Official Duties) (Article 1-1 and April 4) (Article 6)

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