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(영문) 서울중앙지방법원 2014.04.25 2014고단464
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On January 5, 2014, the Defendant damaged the property by blocking the e-vehicle front of the E-vehicle driven by the victim D while drinking on the third-line road in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and hindering the progress of the vehicle while walking the front even of the e-vehicle operated by the victim D, and destroying the property by impairing the utility of the 50,000 won of the repair cost.

2. The Defendant, as described in paragraph (1), heard the statement of the F District G (the age of 48) from the Seoul Sejong Cancer Police Station F District G (the 48 years old), and arrested the Defendant as a flagrant offender of damage to property and assault, and informed the Defendant of the suspect’s right by carrying out the patrol vehicle of the suspect’s right, and continued to take a bath at the F District Zone, and put the police officer G’s breath in hand at two times with his hand while taking a bath at the F District Zone.

As such, the Defendant assaulted a police officer in charge of arresting flagrant offenders, thereby obstructing the police officer’s legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Details of the Kakao Stockholm dialogue and remittance details;

1. Application of Acts and subordinate statutes to photograph rolling stock screen pictures and photographs of damaged vehicles with a photograph of CCTV screen;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the decision of the type of punishment] The obstruction of the performance of official duties or the coercion of official duties [the decision of the recommended area] Basic field [the scope of punishment] from June to January 1 year [the scope of punishment] applicable provisions of Acts: January to five years [the decision of sentence] is against the defendant.

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