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(영문) 부산지방법원 2018.07.05 2018고단1724
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 24, 2018, the Defendant: (a) around 00:18, the Defendant: (b) got drunk on the front side of the Busan Eastdong-gu, Busan, and without any reason, destroyed the market value by lowering one set of the right-hand side of the EM3 car owned by the victim and one set of the left-hand side of the victim F-owned G Poter vehicle; and (c) thereby damaging the unrefluent repair cost of the market.

2. The Defendant interfered with the performance of official duties at the time and time as described in the above 1. Paragraph 1., and at the site after receiving a report that the Defendant damaged the vehicle at the location, sent out to the scene by the guard I belonging to the Busan East Police Station H District, and by the J of the police station, I would like to ask questions as to whether the vehicle was damaged by the vehicle. The police officer sent out to the scene.

“Along with the desire of “A”, the head and chest part of the I, the head and the chest part of the I, and the head and walking part of the right to the right to the head of the I several times, continuing to walk the parts of the J, and they assaulted by walking the clothes of the saidJ at several times.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to J and I;

1. A written statement;

1. Application of investigation reports (on-site conditions, etc.) and photographs of damaged vehicles;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1248, Apr. 1, 201

1. Type 1 crime (Obstruction of Execution of Official Duties) applicable to the sentencing guidelines (Scope of Recommendation) [Article 1 (Obstruction of Execution of Official Duties and Forced Performance of Duties)] mitigation area (Article 1-8) [Special mitigated Persons] Punishment Non-Support 2 crime (Destruction) [Scope of the Recommendations] mitigation area (Article 1-6) mitigation area (Article 1-6).

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