logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2016.02.04 2015고단1374
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 재물 손괴 피고인은 2015. 11. 8. 01:25 경 김천시 C 맨션 2동 413호 동거 남인 피해자 D의 집에서, 피해자와 다투던 중 피해자와 피고인의 공동 소유인 시가 5만원 상당의 인터폰과 시가 10만원 상당의 중문을 부숴 손괴하고, 시가 불상의 밥상을 베란다 창문을 통해 1 층으로 던져 부숴 손괴하였다.

2. On November 8, 2015, at around 01:32, 201:32, the Defendant: (a) obstructed the performance of official duties; (b) informed the Defendant of the circumstances surrounding the instant case in which he was sent to the scene after receiving a report, and identified the circumstances leading up to the police box belonging to the Kimcheon Police Station, Kimcheon-gu, Kimcheon-gu, and Police Station Epicing the said D; (c) destroyed the said patrol vehicle so that the amount equivalent to KRW 116,325, the repair cost of the G AW Han-gu, the F was reduced twice to KRW 116,325; and (d) F used the said patrol vehicle “the inside of the police station is a son of the police station; and (d) she was frightd to walk the left-hand bridge of the F Party at the time of taking the front-hand bridge.”

Accordingly, the defendant damaged patrol cars used by public offices, and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to D or F;

1. A report on investigation (29 pages of investigation records);

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Article 366 of the Criminal Act, Article 141 (1) of the Criminal Act (a point of damage to property for public use) and Article 137 (1) of the Criminal Act concerning facts constituting an offense (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crime of damaging goods for public use and the crime of obstructing the performance of public duties, and the punishment specified for the preceding crime of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the punishment specified for the crime of damaging Articles with heavy public penalty is aggregated);

1. Article 62(1) of the Criminal Act (limited to the poor quality of the crime).

arrow