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(영문) 대전지방법원 홍성지원 2021.02.09 2020고단1075
재물손괴등
Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 6, 2020, at around 15:00, the Defendant damaged the victim D (the 48 years old), who was installed at the entrance of a fitness room, without any reason, under the influence of alcohol at the front of the C Association located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do., the Defendant destroyed the Defendant by making the shock-proof net equivalent to KRW 100,00 in the market price owned by the victim D (the 48 years old) to tear.

2. On October 6, 2020, at around 15:30 on October 15:30, 202, the Defendant received a report from 112, stating that “a male is suffering from riot,” and received a demand for voluntary accompanying from a slopeF belonging to the Seocheon Police Station E-gu, Seocheon Police Station E-gu, and led to voluntary accompanying to the E-district located in Seocheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, 15:35 on the same day.

At around 15:37 on the same day, the Defendant asked about the details of the damage to the property of paragraph (1) above in E E E E E, and the Defendant collected and inserted the “Choe . B”.

새끼들 아.” 라는 욕설을 하면서 오른손 주먹으로 경사 F의 목 아래 가슴 부위를 1회 때리고, 곧이어 왼손 주먹으로 바로 옆에 서 있던 순경 H의 왼쪽 목 부위를 1회 때리고, 이를 제지하던 경사 I의 왼쪽 정강이 부위를 왼발로 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation by police officers.

Summary of Evidence

1. Application of the defendant's legal statement of H, F, I, D, and J to each police statement written in written estimates E in the police statement of the police involved, photographic interference with the performance of official duties in the E area, and the relevant statutes;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Sentencing does not apply because there is a crime of commercial competition.

2.For reference, the scope of the recommended sentences according to the sentencing guidelines is as follows:

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