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(영문) 서울동부지방법원 2016.05.26 2015고단1071
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2015, at around 21:30 on April 5, 2015, the Defendant damaged the property by gathering about 10 bits in the market price, which is the victim's possession, in the case of the victim D located in Gwangjin-gu Seoul Special Metropolitan City.

2. The Defendant interfered with the performance of special official duties by taking a dangerous object and obstructing the police officer’s legitimate performance of his duties in relation to the handling of a report by carrying a dangerous object, by viewing that the police officer F, who was dispatched after receiving a report at the time and at the place specified in paragraph 1, listens to the statement of damage from D, taking the kitchen gate, which is a dangerous object in the kitchen, without any justifiable reason, by threatening F, which is a dangerous object in the kitchen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Investigation reports (to hear statements of police officers who have obstructed the performance of special duties);

1. Application of the Acts and subordinate statutes to the flags, photographs of seized articles;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (the point of obstructing the performance of special official duties) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the following circumstances in the grounds for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, community service order and order to attend a lecture, and other conditions of sentencing as shown in the trial process of the instant case, including the Defendant’s age, sex, and circumstances before and after the commission of the crime, the sentence shall be determined as ordered and the protection and observation, community service, and attending a lecture shall be ordered to prevent recidivism

Unfavorable circumstances - The defendant, upon receiving a report of a crime, uses the knife, which is a dangerous object to the police officer, and interferes with the performance of official duties, and thus the responsibility for such crime is not less

The defendant - The defendant knife the knife with the police officer.

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