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(영문) 부산지방법원 2019.11.22 2019고단4804
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 became final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2019, the Defendant damaged the property of the victim to the extent that the repair cost is excessive by taking the C main standing signboard, which is the victim D, installed at the same time, in front of the C main shop located in Busan, Jin-gu, Busan, and then destroying it by a shot.

2. On September 23, 2019, the Defendant: (a) was arrested in flagrant offender on the top of the foregoing C points after receiving the report related to the revocation column 112; (b) was arrested by F of the border of the Busan Police Station E District Police Station E-gu, who was dispatched to the site after receiving the report related to the revocation column 112; (c) went out of the back side of the E District patrol 1; (d) went out of the E District 1; and (e) went out of the E District 1; and (e) was bluened with the upper part of the said F that prevents him.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by police officers who are public officials by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1)/Compulsory / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

(b) Group 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Punishment]: Reduction elements: Non-taxation area of punishment [Recommendation Area and Recommendations range] mitigation area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum of crimes of six months to one year shall be punished by imprisonment;

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