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(영문) 수원지방법원 안산지원 2014.11.11 2014고단2543
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

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

except that 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 06:20 on September 24, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint destruction and damage, etc.), jointly with C, destroyed that the Defendant: (a) caused the Defendant’s cream practice room operated by the victim E in Ansan-si, Ansan-si to cover the Defendant’s daily operation of the victim E in order for the victim to complete his/her business; and (b) caused the damage of the cream to damage the floor by cutting off the cream lines that he/she was in front of the cream while taking a bath back to the victim; (c) caused the cream lines to be pushed up one time at the seat of the cubter; and (d) caused the damage to the Defendant by jointly gathering telephone, dispute, plastic racks, etc. on the cuckter.

2. At around 06:50 on September 24, 2014, the Defendant obstructed the performance of duties by a police official on the prevention, suppression, and investigation of a crime by gathering the horses that the police officer belonging to the Ansan-gu Police Station G police station, called, “I amb within 10 seconds, I amb off within 10 seconds” from the Defendant who was asked the Defendant for the circumstances of the instant case, such as whether he was assaulted by the Defendant, while gathering a plastic beer in the vicinity of the said F K K K-sing room, and walking around three times on the bridge of the said H, the Defendant interfered with the legitimate performance of duties by a police official on the prevention, suppression, and investigation of a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. The prosecutor's statement concerning H;

1. Photographs related to the case;

1. Application of Acts and subordinate statutes to photograph damage to property;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act concerning the crime, Article 2(2) and (1)1 of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;

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