logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.23 2015고단5726
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 26, 2015, the Defendant: (a) destroyed the said car by placing the victim’s EK7 car owned by the victim D, which is set up on the road in front of the store C in the e-mail B, in his/her own hands, without any particular reason; and (b) driving the e-mail door in a way that the amount equivalent to KRW 1,705,000 for repair costs would be equal to KRW 1,705,00.

2. 공무집행 방해 피고인은 2015. 9. 26. 03:15 경 제 1 항과 같은 장소에서 피고 인의 위와 같은 행위로 인해 112 신고를 받고 출동한 화성 서부 경찰서 F 파출소 소속 순경 G에게 " 뭐 이 씨 발 새끼야, 여기서 맞짱 한번 뜨자 "라고 욕설을 하며 주먹으로 피해자의 왼쪽 어깨와 오른쪽 얼굴을 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D, H and G;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of images of a cellphone), a report on investigation (the photograph of a damaged vehicle), and a report on investigation (the degree of damage of a damaged vehicle);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, 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 with prison labor;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence: (a) the basic area of crimes (the scope of recommended punishment) No. 1 (the obstruction of performance of official duties and the coercion of official duties) (the scope of recommended punishment between June and January 1) (the scope of recommendation punishment) (the scope of punishment), the mitigation area (including January to June) of the mitigation area (including property damage, etc.) of Type 1 (the scope of recommendation from January to June), the mitigation area (including a special mitigation person), the punishment exemption area (including a serious effort to recover damage), or the final mitigation scope of punishment according to the multiple aggravated crimes: the circumstance leading up to the defendant's crime (the defendant's crime committed only under the influence of his/her defendant), the degree of damage and obstruction of public duties, the degree of damage and obstruction of public duties caused by violence and the circumstances after the crime (the damage to property after the crime was committed).

arrow