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(영문) 서울중앙지방법원 2013.07.16 2013고단2705
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant was in a state that he lacks the ability to discern things or make decisions due to the sustainability, loss, etc.

1. Around 13:00 on April 10, 2013, the Defendant damaged the victim’s residence entrance door in Gwanak-gu in Seoul Special Metropolitan City, thereby causing the victim’s family members to be sleeped, making it difficult for the victim’s family members to properly sleep, thereby damaging the market value to cover repair costs.

2. On April 10, 2013, from around 13:10 to 14:00, the Defendant: (a) at the Defendant’s residence located in Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, the Defendant obstructed the police officer’s legitimate performance of duties concerning the investigation by threatening to check the facts of the Defendant; (b) G police officer of the Seoul Gwanak-gu Police Station Emba, Police Station Emba, which was dispatched upon receipt of a report; and (c) a dangerous weapon of the kitchen, which was in the kitchen, located in the kitchen in the kitchen, in his own location; and (d) a kitchen, which was a dangerous weapon of the kitchen, in his/her kitchen, was 19cm in the kitchen, and thereby, prevented the

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and G;

1. Written statements of D;

1. Police seizure records;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the crime, Articles 144 (1) and 136 (1) of the Criminal Act (the point of causing damage to property), and Articles 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Special Duties);

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing guidelines are applied in the case of special obstruction of performance of official duties among the above crimes with the reasons for sentencing Article 48(1) of the Criminal Code.

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