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(영문) 수원지방법원 안산지원 2018.11.14 2018고단3217
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than five 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. On July 11, 2018, the Defendant: (a) around Ansan-si Group C and the first floor parking lot in the building management office in Ansan-si, Seoul-si; (b) informed the Defendant of the increase of parking fees; (c) informed the Defendant of the increase of the first floor parking space in the building management office; and (d) informed the Defendant of the first floor parking lot managed by the Victim D by putting the first floor glass window installed in the victim D; and (d) made it impossible for the Defendant to use by separating the parking blocking bars by hand.

Accordingly, the defendant damaged the free window of 160,000 won of the market price managed by the injured party and the block of parking in the market price.

2. The Defendant interfered with the performance of official duties at around 01:40 on July 11, 2018, at the same place as the foregoing paragraph (1) of the same Article, “A male and female batch” was requested to explain the situation from the head F of the police station of the Nansan Police Station E division of the Nansan National Police Station called up after receiving a report 112, and received a request for explanation from the head of the police station belonging to the E division of the Nansan National Police Station.

D. The F’s left part of the F was tightly pushed back and assaulted once by drinking the F on the ground that the F was trying to control the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the 112 Incident.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes concerning damage parts and estimates;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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 stay of execution (see, e.g., the confession and reflect of the defendant, the degree of violence is relatively minor and the victim of damage to property has agreed with the victim, and there is no criminal record exceeding the same criminal record or fine);

1. The community service order under Article 62-2 of the Criminal Act;

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