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(영문) 의정부지방법원 2020.01.23 2019고단3054
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2019, at around 23:40, the Defendant damaged the damage to the property by breaking the E-TT 100 E-T 2 Oral and No. 110 Orala, which are owned by the victim D (n., 47 years old) in front of the C cafeteria, to the sum of the repair cost of KRW 345,000,000.

2. At around 23:55 on June 28, 2019, the Defendant: (a) received personal information from the police officer of the Hdistrict, who was sent to the site after receiving 112 report due to the damage and damage of the said property from G Round on the ground of the damage of the said property from G lae; and (b) received an inquiry from the police officer of the Hdistrict, who was asked of personal information from the Defendant. The Defendant refused to answer the victim J (54 years old), who was asked about the personal information from the victim J (54 years old); (c) refused to answer the victim’s answer; and (d) took the victim’s bath by having the victim take a bath, and flue the said J’s chest and the part of the said J’s chest and the part of the body by hand.

Accordingly, the defendant interfered with the performance of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each statement prepared D or K;

1. A criminal investigation report (with respect to the submission of theCC-TV closure and diagnostic report);

1. The application of the 112 Reporting Form, the injury diagnosis statement, written estimate, and the CD 2 Acts and subordinate statutes;

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

A. The crime of destroying and damaging property (the decision of type) is the general standard for the crime of destroying and damaging property (the first type) (the person who is subject to special mitigation), not subject to punishment (the scope of recommending punishment) or imprisonment.

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