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(영문) 서울북부지방법원 2018.05.03 2018고단851
재물손괴등
Text

A defendant shall be punished by imprisonment for 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 February 25, 2018, the Defendant: (a) around 04:50 on February 25, 2018, at the “C main store” underground in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; (b) under the influence of alcohol, the Defendant was using glass cups on the table, so that the surface of the original wood display site owned by the victim D is flaged.

Accordingly, the defendant damaged the victim's property so that the repair cost can be caused.

2. On February 25, 2018, immediately after the Defendant was arrested and released as a flagrant offender for the same reasons as the preceding paragraph, the Defendant: around 07:30 on February 25, 2018, the day before the arrest of the flagrant offender, and around the road of the Seoul Northern Police Station 406 Kangbuk-ro, Gangnam-gu, Seoul, Seoul, the Defendant displayed the blocking machine of the vehicle managed by the Gangnam Northern Police Station as his hand.

Accordingly, the Defendant damaged the goods used by public offices so as to be equivalent to 450,000 won of repair cost.

3. The Defendant interfered with the performance of official duties at the same time and at the same place as the above 2. paragraph 2., displayed the f’s face of auxiliary police officers F who restrain the Defendant, spared F’s body, and exceeded F’s floor.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers who guide civil petitioners.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Photographss of damaged articles and photographs of damaged articles for public use;

1. G statements;

1. Application of investigation reports (a estimate to repair damaged goods for public use) and written estimates;

1. Relevant Article 366 of the Criminal Act, Articles 141 (1) (a point of damage to public goods), 136 (1) (a point of damage to public goods), and 136 (1) (a point of interference with the performance of public duties) of the Criminal Act, the choice of imprisonment for the crime, and the choice of a penalty;

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. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) recognition of and reflects on the crime; (b) acceptance of the victim of the crime of damage to property by agreement with the victim of the crime of damage to property; (c) recognition of the mother and living together; and (d) other records of this case, such as the Defendant’s age, sex, motive and means of the crime; and (c)

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