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(영문) 의정부지방법원 2015.10.16 2015고단2722
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 June 6, 2015, the Defendant: (a) destroyed and damaged property by plucking, plucking, etc., an entrance blocking machine of KRW 1270,00 in the market price managed by the victim C, the head of the management office of the above apartment, which was lowered from the vehicle, on the ground that it was not opened an entrance blocking machine in front of the entrance entrance of the B apartment complex in Yangju-si, B apartment complex 2,00,000.

2. The Defendant: (a) received 112 reports on the failure of performance of official duties at the place specified in Paragraph (1) at the time and place; and (b) took a bath to the police officer E working in the D District D District, stating that “packers would go to the place of his/her head; (c) he/she would go to go to the police; and (d) would go to death; and (d) interfere with legitimate performance of duties concerning the suppression of crimes and criminal investigations of E, by making him/her look into the parts of E’s head on his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of C, F and G;

1. A copy of a written estimate;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, and Article 136 (1) of the Criminal Act, the choice of punishment 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 Act is the first crime (Obstruction of Performance of Official Duties) for the reasons of sentencing of Article 62-2 of the Social Service Order Act (Scope of Recommendation). Second crimes for which there is no basic area (6 to 1 year and 4 months) [the scope of Recommendation] [the scope of Punishment] for the mitigation area (1 to 6 months] for the mitigation area (1 to 6 months] for the mitigation area (1 to 6 months for the special mitigation] for the punishment area: June to 17 [Pronouncement Decision] for six months, suspension of execution, two years of community service, conditions unfavorable to 80 hours: Violence of the police officer to interfere with the legitimate performance of official duties of police officers by assaulting the police officer, and conditions that are favorable to the majority of the criminal records: the defendant has recognized all of the crimes of this case and has damaged them.

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