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(영문) 춘천지방법원 2017.12.20 2017고단1091
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2, 2017, at around 01:00, the Defendant: (a) was under the influence of alcohol by the victim C, who was required to pay the drinking value from the victim while under the influence of alcohol within D amusement stations operated by C; and (b) was damaged by the victim’s possession of 50,000 won; and (c) was under the influence of alcohol by the victim C.

2. The Defendant obstructed the performance of official duties, at the time, at the place specified in paragraph 1, continued to keep the disturbance with clothes. Upon receipt of the report, the Defendant abused the F’s right shoulder at one time to the right shoulder of the said F, when he was sent to the E District of the Chuncheon Police Station E District.

Accordingly, the defendant interfered with the legitimate execution of duties on the site mobilization and control of police officers.

3. On July 2, 2017, the Defendant: (a) arrested the Defendant as a flagrant offender on the grounds as stated in the foregoing paragraphs 1 and 2; and (b) left the entrance from the detention room protection detention room located in the Chuncheon Police Station located in the Chuncheon Police Station on July 2, 2017, around 01:55, by walking the entrance from the detention room protection detention room located in the Chuncheon Police Station; and (c) let the entrance of the above detention room located far away.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement of C and H;

1. Application of Acts and subordinate statutes to field photographs and estimates of detention rooms;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (the point of destroying property, the choice of imprisonment), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 141 (1) of the Criminal Act (the point of damaging public goods, and the choice of imprisonment);

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 suspended execution;

1. The crime of this case on the grounds of the protection and observation and the sentencing of Article 62-2 of the Social Service Order Act is not good in light of its content, and the defendant has a record of criminal punishment of fines due to the crime of damaging public goods in around 2009, and is not agreed with the victimized police officer.

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