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(영문) 서울북부지방법원 2020.09.09 2020고단3093
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On July 26, 2018, the Defendant was sentenced to imprisonment for a special injury by the Seoul Northern District Court for six months, and the execution of the sentence was terminated on November 23, 2018.

【Criminal Facts】

1. The Defendant has been living together with the victim’s house from December 2, 2019, along with the victim’s B (n, 60 years of age) and the annual ties.

On July 17, 2020, the Defendant: (a) around 21:20 on July 21, 2020, at the victim’s house located in Seongbuk-gu Seoul Metropolitan Government, expressed the victim’s desire to read “the victim’s string the string of the string, the same elderly, the string, the string, and the string not to keep the string,” and damaged the property owned by the victim so that the string of the string free will of the string of the string of the string.

2. On July 17, 2020, the Defendant expressed his desire to “I wish to get off the windows” at the places indicated in the foregoing paragraph 1. On July 17, 2020, the Defendant assaulted the above E’s body body part by hand, with his hand, to “I wish to see whether I are police officers or not, she would be hump, why I hump, and hump head.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of B and E (including the F statement);

1. 12 Declarations, records of handling cases, photographs of damaged articles, investigation reports (Interviews with victim B), investigation reports ( telephone conversations between persons for reference G) and investigation reports (victim E telephone conversations);

1. Criminal records: Criminal records, inquiry reports, investigation reports (Attachment of criminal records of the same kind as a suspect), judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

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. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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