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(영문) 광주지방법원목포지원 2020.09.22 2020고단261
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. Around 01:50 on January 28, 2020, the Defendant damaged the amount of property by putting two of the small air conditioners, coffees, and frames on the part of the said victim into the hotel corridor and stairs and destroying the amount of property on the ground that the D'D operated by the victim C, which was administered together with the hotel, was brought about after the dispute with the female-friendly women's family members, was brought about at the hotel.

2. The Defendant committed assault, at the time and place specified in Paragraph 1, on one occasion, the police officer belonging to the Bapo Police Station E-district, who was dispatched to the site after receiving a report of 112 that the Defendant injured the Defendant of the obstruction of performance of official duties, on one occasion by using the F’s left eye with the defect to affix an on-site photograph.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. Application of field photographs, ctv images, and mobile phone image-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property) (Destruction of Property) / [No. 1] Property Damage, etc. (Special Sentencing) : In a case where punishment is not granted (including serious efforts to recover damage), or significant damage is recovered (in the area of recommendation and the scope of recommending punishment), reduction area, imprisonment with labor for one to six months.

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