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(영문) 인천지방법원 부천지원 2017.05.25 2017고단880
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 9, 2016, around 03:50 on December 9, 2016, the Defendant: (a) destroyed the Plaintiff’s micker, etc. with the driver’s seat of the vehicle in the E-Gu E-gu Seoul Special Police Station, Seoul Special Metropolitan City, Seocheon-si, Seoul Special Metropolitan City, by Dacheon-si, which was parked there; and (b) before the said C District, the police officer F, a police officer belonging to the said District, “at the time of departure of the vehicle.”

In doing so, the Defendant’s behavior was avoided without permission, and the Defendant expressed that “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am at one time at the left side of the F.

Accordingly, the defendant damaged the victim D's property, and interfered with the execution of official duties by assaulting public officials who perform legitimate duties on criminal conduct.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Investigation report, and confirmation on damage situations;

1. Place of work;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for 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. Although the nature of the crime is not good by assaulting the police officer who has been in uniform due to the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, all the circumstances, such as the violation of the nature of the crime, the victim of the damage to property, the deposit of KRW 1 million in order to recover the damage of the damaged police officer, and the absence of the same force, shall be considered.

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