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(영문) 춘천지방법원 강릉지원 2018.08.31 2018고단540
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who damaged special property was living together with the victim B (51) for about one year prior to around one year. On May 22, 2018, the Defendant, at the main station located in Gangnam-si C around Yung-si, performed alcohol together with the victim and entered the place of residence first with the vehicle of the Defendant and the mobile phone.

On May 23, 2018, the Defendant collected a knife, which is a dangerous object in the kitchen (a total length of approximately 22.5cm, approximately 12cm in the knife) on the ground that the damaged person brought about the Defendant’s vehicle and mobile phone by entering the above residence.

Then, the Defendant saw the amount of 14 punishment of clothes of the victim in the city where the victim entered the door, closed the door, and entered another room, and turned down in order to use the above knife.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. On May 23, 2018, at around 02:25, the Defendant: (a) arrested the Defendant as a current offender, the police officer E in the circumstances belonging to the Gangnam Police Station D District; and (b) the police officer F (40) of this case, who was called up after receiving a report from B on May 23, 2018; (c) called “Ig, lock, fare, and fare,” and called “Ig, fare, fares, fares of the police; fares of the victim at one time at one hand.”

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Application of statutes on site photographs;

1. Relevant Articles 369(1) and 366 of the Criminal Act concerning the facts constituting an offense, Article 136(1) of the Criminal Act (a point of causing damage to a special property), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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 suspension of execution (including the fact that there is no history of crime exceeding a fine and the victim B does not want the punishment of the defendant);

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