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(영문) 대구지방법원 서부지원 2019.10.17 2019고단1233
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than three 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 May 3, 2019, the Defendant damaged property by means of having five influence of the market price owned by the C or five influence of the victim, on the ground that the victim did not pay the remainder of the construction cost to the Defendant within the housing of the 19:20 on the 19:20 on May 3, 2019.

2. The defendant who refuses to leave the victim at the time and place specified in paragraph (1).

Despite the Gu, the outline of the victim's removal without good cause, such as holding the victim in a house for about 10 minutes while stating "I Dora, I Dora."

The Gu did not comply with the Gu's order.

3. The Defendant committed an assault on the police officer’s lawful execution of duties concerning the arrest of a flagrant offender on the ground that the police officer, upon receiving a report of 112 on the date, time, and place set forth in paragraph (1) of the same Article, during the process of arresting the Defendant as a flagrant offender, assaulting the Defendant at the police box E head of the police box affiliated with the D police box one time as a drinking, walking the clothes of the police box E in the course of moving the police box to the patrol vehicle, and taking the head of the police station, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Photographss, identification cards, and copies of the work log of damaged articles;

1. The application of Acts and subordinate statutes of the investigative report (number 11,12);

1. Relevant Article 136(1) of the Criminal Act, the choice of punishment for the crime, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 319(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, and the choice of imprisonment with prison labor

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 suspended execution of the Criminal Act provides that the Defendant would not repeat again, and that the Defendant would not have committed any crime of this case, and that the said victim would not want the punishment of the Defendant by mutual consent with C and the victim of the instant property damage and the crime of non-compliance with the eviction. The Defendant shall be punished by a fine of KRW 50,000,000 in around 196.

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