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(영문) 인천지방법원 2018.10.19 2018고단6039
재물손괴등
Text

A defendant shall be punished by imprisonment for 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 August 20, 2018, at around 22:00, the Defendant damaged the victim E-owned signboard, which was installed in a place under the influence of alcohol, by making the victim E-owned at a drinking time a sprinkle of the market price, and was in the wind line.

2. On August 20, 2018, the Defendant: (a) reported at the place indicated in paragraph (1) around 22:13 at around 22:13, that “I see that I would see that I would see that I would have a fluorous male’s sign.” (b) obstructed the performance of official duties; (c) the police officer of the Incheon Southern East Police Station F District would stop the Defendant; and (d) the Defendant was assaulted upon the head of G.

Accordingly, the Defendant interfered with the police officer’s legitimate performance of duties regarding suppression of crime. 3. The Defendant: (a) arrested a flagrant offender on the grounds of the date and time stated in paragraph (2); (b) at a place specified in paragraph (2); and (c) boarded the patrol vehicle on the grounds of paragraph (2); and (b) opened a light door on the front and rear door of the patrol vehicle and the front and rear door door of the front door of the patrol vehicle.

Accordingly, the Defendant damaged the sunlight in the front of the patrol car, which is used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and E;

1. Application of the Acts and subordinate statutes on photographic data;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141 (1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Destruction of Recommendations) in the area of special mitigation (one month to six months) (special mitigation factors) (special mitigation factors), in cases where actual damage is minor, no penalty shall be imposed;

(b) 2 offences (Interference with the performance of official duties) [the scope of recommendations].

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