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(영문) 대전지방법원 천안지원 2015.05.07 2014고단1684
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. On September 2, 2014, at around 04:45, the Defendant: (a) was placed on the street in front of “Cdab” located in Chungcheongnam-si, Chungcheongnam-si; (b) was parked in a vehicle owned by the victim E, which was parked in a “Dju store” without any justifiable reason under the influence of alcohol; and (c) was cut off by hand and a vehicle by hand, and damaged the repair cost of KRW 2,455,389.

2. On 04:49 the same day as indicated in paragraph (1), the Defendant avoided disturbance such as destroying a vehicle under the influence of alcohol as indicated in the preceding paragraph, and was asked by the victim H (the age of 42) who is an slope belonging to the G District in the ASEAN Police Station G District of the Asia-gu, Busan who was called after receiving the notification of 112, about personal information, case details, etc., and assaulted the victim by saying, “I am feash that I am at home if I am feas will come to the house,” and assaulted twice the victim’s face by drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement of I and J;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act concerning the crime, the choice of punishment, Articles 366 and 136 (1) of the Criminal Act, and imprisonment with prison labor;

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 (i.e., confession, reflective fact, and considering the absence of the same criminal records);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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