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(영문) 부산지방법원 동부지원 2019.05.16 2018고단2298
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2018, the Defendant: (a) around 21:40 on October 21, 2018, at the entrance of the “Ccafeteria” parking lot located in Busan Southern-gu, Busan-gu, the Defendant: (b) caused the Defendant to have the flive car owned by the victim D cut off the entrance of the parking lot; (c) caused the Defendant’s car not to be deducted from the Defendant’s car; and (d) caused the Defendant’s car to be 658,900 won for repairing the said car.

2. The Defendant of obstruction of performance of official duties continues to spawd off the Defendant’s face on G face of the defect that the police officers including G, etc. wanted to arrest a flagrant offender at the same time or at the same place, with the report of 112, and sent to G in order to separate the Defendant from the Defendant and the said D. G with the defective G in order for the police officers belonging to the F District District of the Busan Southern Police Station, which called “a spawd, v. L. L. L. L. L. L. L. L. L. L. L. L. L. L. am. L. L. L. L. L. am. L. L. L. L. k. L. L. k. L. L. k. L. k. L. L. k. L. k. L. k. L. L. k. k

As such, the Defendant assaulted G, a police officer, to interfere with the legitimate execution of duties concerning the dispatch of G 112 reports and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (fields, photographs of the upper part, etc.);

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Act are not good, and there are records of punishment several times due to violence, etc., against the defendant, and favorable circumstances, such as the fact that the defendant has reached an agreement with the victim of the crime of causing property damage, and other favorable circumstances, such as the defendant's age, character and conduct.

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