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(영문) 춘천지방법원 강릉지원 2017.05.26 2017고단217
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 January 16, 2017, the Defendant damaged property: (a) around 17:50 on March 16, 2017, at D operated by the victim C, the Defendant: (b) took the influence of alcohol; (c) listened to the horses from the victim of the damage to his house; and (d) fell into the floor by pushing the victim’s 30,000 won of the market price, which is the victim’s possession at the same time.

The Defendant damaged the property owned by the victim as above.

2. On January 16, 2017, the Defendant interfered with the performance of official duties, left the place indicated in paragraph 1 at around 18:10, and left the place.

“” to the chief F (51) of the police box affiliated with the police box affiliated with the Twit-gu Police Station E (51) where the Defendant called to the scene after having received a report 112 and reimburses the value of the goods and returned home to the scene;

B. Dispatching the match

(g)"Wucking", and assaulting the F on the left side of the fbucks by walking once and walking at the right right end of the F;

The Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. C’s statement;

1. 112 A list of reported cases;

1. Application of relevant Acts and subordinate statutes to each relevant photograph;

1. Destruction of property as stated in the relevant Article of the Criminal Act and the choice of punishment for the crime: Interference with the performance of official duties as stated in Article 366 of the Criminal Act: Article 136 (1) of the Criminal Act (Selection of Imprisonment);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with the punishment stipulated in a judgment heavier than punishment) shall apply to concurrent crimes;

1. According to Article 62(1) of the Act on the Suspension of Execution, the sentence against the defendant shall be determined and the execution of the sentence shall be suspended, taking into consideration the following factors: (a) reflectability of the sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing); (b) living without any criminal history; (c) agreement with the victim of damage to property; (d) the Defendant’s health status

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