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(영문) 인천지방법원 2015.04.01 2014고단8674
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 21, 2014, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc. damage) destroyed the Defendant’s damage to KRW 700,000,00 in front of the “D” head office in Seo-gu Incheon, Seo-gu, Incheon, because the Defendant was faced with the “D” head office of “D” head office of “D”, which was located in the front place, due to the hacks of parking ban installed in the hacks, which are dangerous objects connected to the hacks, to which he was parked in the front place.

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

2. On October 21, 2014, at the H District Office located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant interfered with the performance of official duties by threatening the police officer I, who voluntarily accompanyed to the H District Office, as described in paragraph 1, to avoid disturbance after voluntarily accompanying him as a date of destroying a no-car glass, and neglecting the disturbance, and assaulted him according to his arms, and by threatening I, “I will memory my face to be fright, and will die later,” the Defendant interfered with the legitimate performance of duties concerning the maintenance of the order of I, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to J and I;

1. Application of Acts and subordinate statutes to photographs of damaged areas;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 366 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the punishment of the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the case is contingent crimes, and the defendant has recovered from damage by reflecting in depth during the trial, and the victim does not want the punishment of the defendant.

. Other.

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