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(영문) 인천지방법원 2017.03.30 2016고단8831
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 October 15, 2016, the Defendant: (a) around 02:18, the Defendant: (b) went at the destination of the victim’s F personal taxi operated by the victim E; (c) while under the influence of alcohol, the Defendant was forced to return home from police officers dispatched to the site after receiving a report 112 due to the Defendant’s failure to shoulder at the head of the said taxi operation; (d) “Nice must go back to the site”; and (e) destroyed the market price of the instant taxi, which is set up in the said taxi.

2. The Defendant, at the time, at the place, and at the time, at the place, and at the place, as described in the above 1.12 report, expressed that he was able to have a desire to return home from H and Posman I belonging to the Southern Police Station G District of Incheon Southern Police Station, who was dispatched to the site after receiving a 112 report, and who was called “I, I,” and assaulted Ha and I, with the character of drinking abscence.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes, such as photographs, etc., by destroying booms;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Where the degree of violence, intimidation, and deceptive scheme is minor, the basic area (six months to one year and four months) (special mitigation (special mitigation)) shall be limited / Where there are many public officials who have suffered damage (one type)) within the scope of interfering with the performance of official duties;

2. Where property damage [the scope of recommended punishment] is a type 1 (property damage, etc.) (one month to six months) in the area of special mitigation (special mitigation person) and real damage is minor.

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