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(영문) 의정부지방법원 2015.04.17 2014고단3662
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 September 23, 2014, the Defendant: (a) around 23:10 on September 23, 2014, 201, the Defendant: (b) was drunk on the road in front of the Jeju 3-ro 120-11, which was set up in such a place without any justifiable reason, damaged the victim C’s string and the rear string of the Done Starex vehicle, which was set up in front of the 3-ro 120-11.

2. On September 24, 2014, at around 00:25, the Defendant obstructed the police officer’s legitimate performance of official duties by assaulting the police officer on the ground that: (a) on the ground that: (b) on the grounds that the Fabbs and parts of the said G were used to stop tobacco while arrested as a flagrant offender for the same reason as referred to in paragraph (1) of the said paragraph; (c) on the ground that the Fabs and parts of the said G, which were arrested by the Fabs and waiting to sit to the said Fabs and carried to the said Fabs;

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of C and H;

1. Damage photographs;

1. Application of Acts and subordinate statutes to each investigation report (to attach photographs to the closure ofCCTV images and to report telephone conversations to the victim);

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties (the special person): The criteria for treating multiple crimes without a special person: With respect to multiple concurrent crimes under the former part of Article 37 of the Criminal Act between the obstruction of performance of official duties for which the sentencing criteria are set and the crime of causing property damage for which the sentencing criteria are not set, the lower limit shall be set according to the lower limit of the sentencing criteria for the crimes for which the sentencing criteria are set.

[Decision of Sentence] Six months of imprisonment, two years of suspension of execution, and forty hours of community service shall damage another person's vehicle, and police officers are legitimate by assaulting police officers at police stations.

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