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(영문) 창원지방법원 통영지원 2016.02.18 2015고단1248
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 October 15, 2015, at around 00:30 on October 15, 2015, the Defendant damaged the victim’s property owned by the Defendant by gathering chemical powder, contact, glass cups, etc. owned by the victim in the room on the ground that the victim’s Doc operated Esing room in Tong Young-si, would be in a timely fashion with dynamics and business relations, and that the Plaintiff was unreshed, thereby damaging the market value equivalent to KRW 700,000 in total.

2. On October 15, 2015, at around 00:30, the Defendant: (a) reported 112 of the above Esing room 1, stating that “the customer singing around” was “the customer singing out; and (b) went out of the building of the Party A, who was sent to the site by the victim G, who was the victim of the F District of the Tong-gu Police Station, who was sent to the site; (c) and (d) led the Defendant to the clothes of G, whose personal matters were asked by the Defendant, and took care of his/her face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment 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. For the reasons for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture, where the degree of assault, intimidation, and deceptive scheme is minor, the crime No. 2 (in the case where the degree of assault, intimidation, and deceptive scheme is minor, the scope of the punishment [the scope of the recommended punishment] (one month to six months) in the area of mitigation (including a serious effort to recover damage) [the person subject to special mitigation] in the area of punishment not punishable (including a serious effort to recover damage) or considerable damage, the scope of the final sentence according to the aggravated punishment according to the aggravated punishment for multiple crimes: one month to eleven months [the sentence] and the following circumstances and others, and the defendant's age, sex, behavior, environment, motive of crime, motive of crime, crime, etc.

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