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(영문) 부산지방법원 2016.03.25 2015고단8630
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an insurance solicitor.

1. On December 1, 2015, the Defendant damaged the property by having the entrance door of the said vehicle to the extent equivalent to KRW 675,310,00 of the repair cost, without any reason, at around December 22, 2015, the victim C, who was parked in the city under the influence of alcohol in Busan, B, Busan, B, and without the reason.

2. The Defendant interfered with the performance of official duties at the above time, at the above place, and at the above time and place, went to the scene by reporting the slopeF and the guard G belonging to the Busan Coast Guard E box, which had been called to the scene after receiving a report of 112. On the other hand, the Defendant interfered with the police officer’s legitimate performance of duties concerning the performance of duties of reporting 112 by force, such as exerting influence on the right side of the victim, requiring medical treatment for about 14 days, when the Defendant continued to go to go to the underground by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (in the situation at the time of dispatch), each photograph, injury diagnosis report, and general repair cost estimate;

1. Articles 136(1) and 366 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Social Service Order Act, the first crime (Interference with the performance of official duties) [Scope of recommending punishment] and the second crime (damage) with no special sentencing person [the scope of recommending punishment] in the mitigation area (one month to six months), the mitigation area (including property damage, etc.) [the scope of recommending punishment] in the mitigation area (one month to six months), the punishment exemption area (including a serious effort to recover damage), or the final sentencing scope for multiple aggravated crimes: Six months to one year [the decision of sentencing] and seven months (the decision of sentencing], there is no other penalty power except for the suspension of indictment once; and the victim and the victim of the property damage.

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