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(영문) 부산지방법원 동부지원 2018.10.10 2018고단1366
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment 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 June 9, 2018, the Defendant: (a) around 00:50 on June 9, 2018, 2018, the Defendant: (b) under the influence of alcohol in front of the D cafeteria located in Busan Southern-gu, the Defendant destroyed the Defendant’s Mixed ownership of the victim E, which was parked in the area without any justifiable reason, so that the amount equivalent to KRW 2,715,000 of the repair cost may be damaged to the effect that the Defendant destroyed its utility

2. The Defendant: (a) arrested a flagrant offender through F.F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.

Accordingly, the Defendant assaulted a slope G as above and obstructed the police officer's legitimate performance of official duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, I, G, and J;

1. Application of the Acts and subordinate statutes on photographs, photographs of victims, and estimates of damage;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: An order to attend a lecture or an order to attend a community service order is inferior to the quality of obstructing the performance of official duties, circumstances favorable to the defendant with similar criminal records: one’s mistake is against himself/herself, the fact that there is no criminal record exceeding a fine, the fact that the victim of the damage of property has agreed smoothly with the victim of the damage, and other circumstances, such as the defendant’s age, environment, sex, means and consequence of the crime, etc., shall be determined as ordered by taking into account

Rejection of Public Prosecution

1. The Defendant’s summary of the facts charged is Busan around 00:53 on June 9, 2018.

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