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(영문) 인천지방법원 부천지원 2015.04.10 2015고단469
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 8, 2014, the Defendant violated the Punishment of Violences, etc. Act (Assaults, deadly weapons, etc.), and destroyed and damaged property, etc., the Defendant committed a disturbance by changing accommodation expenses to the victim D (year 41) who is an employee of the said hotel due to the influence of alcohol from the route of the first floor of the cmotour in Chungcheongnam-si, Chungcheongnamnam-si, Jinnam-si. B.

The Defendant: (a) neglected the victim’s satisfy who did not have the victim’s satisfy; (b) neglected the victim’s satisfy; and (c) damaged the victim’s phone board and card satfyer, who is the mother in the above hotel’s office; and (d) damaged the victim’s phone board and card satisfy; and (c) damaged the market value by exceeding two

Then, the Defendant assaulted the victim by leaving the fire extinguisher, which is a dangerous object in the first floor, in the office, to the victim D, who was in the office.

2. On December 9, 2014, at around 00:15, the Defendant received a report on the said act from the Defendant at the place specified in paragraph (1) and received a check from the police box of the party police station, who called out after receiving a report on the said act from the Defendant, in front of G police officers assigned to the police station, and was discharged from clothes.

The Defendant: (a) sounded that “I would not get Chewing?” and “I would have to come to governance,” and assaulted G on three occasions by walking the left side bucks and bucks and bucks, etc. of G in the above patrol.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of Acts and subordinate statutes to investigation reports (on the spot ctv reading investigation);

1. Article 36 of the Criminal Act applicable to the crime, Article 366 of the choice of punishment, Article 36 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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

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