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(영문) 광주지방법원 2016.12.15 2016고단4636
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 15, 2016, the Defendant causing difficulties, such as the damage of property, around 21:30, in Gwangju North-gu building, and the wife victim C’s residence in 103 201 dong 201, due to the division of business, etc., the Defendant was requested to divorce from the victim while suffering difficulties, and the Defendant was able to see that he was frightd from his family members even in the marriage type, thereby damaging the marketable property, such as destroying and damaging the furniture, electric appliances, etc. in the house beyond the floor and destroying them.

2. The Defendant interfered with the performance of official duties by assaulting the police officer on the handling of 112 reported cases, including, at the same time and place as above, “Any person is accompanied by things”, the security guards belonging to the Gwangju Northern Police Station D District D District unit, who called the front letter of apartment, and opened a door to the door of the apartment, and, at the same time and place as above, the Defendant expressed his desire to read “finch finch, why the police officer would find our house, find our house.” The Defendant interfered with the legitimate performance of official duties by assaulting the police officer on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written statement;

1. Application of each statute on photographs;

1. Relevant Article 136(1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime (the point of obstructing performance of official duties) and Article 366 of the Criminal Act;

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: (a) Category I (Obstruction of Performance of Official Duties) of the Criminal Act; (b) the basic area (6 to one year and four months) of the obstruction of performance of official duties (6 to one year and four months) [the scope of recommendations] of the second crime (a person who is a special person] [the scope of recommendations] of the mitigation area (1 to six months), the mitigation area (1 to six months), the mitigation area (1 to six months), the mitigation area (including a special mitigation), the mitigation of punishment (including a serious effort for recovery of damage), or the aggravation of considerable damage.

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