(영문) 대전지방법원 천안지원 2019.07.24 2019고단1251

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(영문) 대전지방법원 천안지원 2019.07.24 2019고단1251

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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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 21, 2019, the Defendant: (a) around 02:57 on May 21, 2019, damaged the victim’s vehicle repair cost to KRW 310,818,000, when he/she was parked in the Cdistrict parking lot located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu. B.

2. On May 21, 2019, around 02:58, the Defendant confirmed the vehicle damage under paragraph (1) at the Cdistrict parking lot located in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, and gave a bath to F (the age of 48) of the position of the Yanbuk-gu Police Station C Zone C, which read that the Defendant dices a large amount of alcohol, and dices the Defendant’s face two times of drinking.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the prevention, suppression and investigation of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Written confirmation of non-performance of punishment (written estimate of general repair costs);

1. Application of the case photographic statute

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In this case, the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be determined as ordered in consideration of the following: (a) the defendant, under the influence of alcohol, is not guilty of having exercised violence against a police officer who is performing official duties and damaged another's property; (b) the defendant's face at the police officer's face is serious; (c) the defendant provided one million won to the victim of the damage to property; and (d) the victim did not want to be punished; and (e) the defendant has

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