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(영문) 서울남부지방법원 2014.06.24 2014고단1781
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

The defendant and C are married in China on February 1998 and currently married in China, and they are currently married couple who has acquired Korean nationality from May 20, 2014.

1. On May 17, 2014, at around 19:37, the Defendant’s house located in Guro-gu Seoul Metropolitan Government, listened to the horses that the victim applied for divorce with C while communicating with C at the Defendant’s house located in Guro-gu, Seoul, and damaged the aforementioned mobile phone apparatus by gathering the mobile phone apparatus owned by the victim on the wall (gallon No. 3) so that the repair cost would be 15,000 won.

2. The Defendant had been aware of the fact that F was a police officer in the process of performing official duties because F, who was dispatched after receiving 112 report at the time and at the same time and at the place as Paragraph 1 of this Article, continued to take a bath to C, and f, who was in the position of the Seoul Guro Police Station E-gu, Seoul Police Station, was the Defendant, despite being aware of the fact that F was a police officer in the process of performing official duties because F was wearing a uniform, the Defendant used the tobacco that “I are to be designated to be designated to be designated to be so. Mah, Mah Map Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma fbbbbk], and assaulted F with F’s face face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression of crimes and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes on copies of receipts;

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 a 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. Grounds for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] The dismissal of prosecution is dismissed in consideration of the following: (a) the basic area of obstruction of performance of official duties (from June to January, 1), the basic area of obstruction of performance of official duties (determination of sentence), the agreement with the victim C (determination of sentence), and the fact that the defendant is against his mistake.

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