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(영문) 대구지방법원 2018.11.22 2018고단4478
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 9, 2018, the Defendant: (a) destroyed a cafeteria managed by the victim C in Daegu Northern-gu B on September 14:10, 2018; (b) caused the damage to the property of the victim who was in an influence of the market price by putting him/her on a table, without any particular reason, under the influence of alcohol.

2. The Defendant interfered with the performance of official duties at the above time, place, and on the site after receiving a report on 112, obstructed the police officer’s legitimate performance of duties in regard to the handling of the 112 Report Report, by taking into consideration the face of E one time, who was requested by the slope E belonging to the Daegu Gangnam-gu Police Station D District Police Station D, to be informed of his personal information.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement statutes to E and C;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the crime;

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

1. Standard for sentencing grounds under Article 62(1) of the Criminal Act for suspended sentence;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) in the basic area (six months to one year and six months);

B. The scope of the final sentence due to the increase of multiple offenses in the basic area (from April to October) No. 1 (damage, etc.) (the scope of the recommended punishment): The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of the sentencing as stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of the sentencing as stated in the decision of the sentence of June to November.

- The interference with the performance of official duties should be strictly punished for offenses that impair the function of the State by nullifying legitimate exercise of public authority, so that there is no criminal history exceeding the recognition and reflection of crimes, and fines.

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