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(영문) 서울북부지방법원 2018.10.11 2018고단3276
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. On May 15, 2018, around 01:15, the Defendant damaged the victim F-owned G Y that was set up in front of the Seoul Seongbuk-gu building in Seongbuk-gu, Seoul, thereby damaging the above Oralba in order to cover the repair cost of the market price, such as the back-to- left fluor and the back-to-date fluor.

2. Around 01:50 on May 15, 2018, the Defendant: (a) expressed that, before the Seongbuk-gu Seoul Seongbuk-gu Police Station I District, the Defendant: (b) expressed that, before the Seongbuk-gu Seoul Seongbuk-gu Police Station I District, the Defendant: (c) expressed that, in order for the Defendant to take the Defendant into the police station, the Defendant was able to take the her seat at the patrol station; (d) assaulted the Defendant at one time on the left part of the slopeJ; and (e) on the same day, during the atmosphere waiting to undergo an investigation at the office of the criminal duty of the Seongbuk-gu Police Station at around 02:10 on the same day, the Defendant expressed that, “I would throw away fat, fat, fat, and fat of fats; and (e) assaulted the fat at the bottom; and (e) assaulted parts of the K at once.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1 made by the police with respect to J, K, and F, and investigation report (with respect to attachment of written estimates);

1. Application of statutes on field photographs;

1. Relevant Article 366 of the Criminal Act, Articles 136 (1) (the point of obstructing the performance of official duties) and Article 136 (1) (the point of obstructing the performance of official duties) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act does not include the defendant’s reason for sentencing under Article 62(1) of the suspended sentence, the fact that the defendant is the first offender, the defendant is erroneous, the defendant is found to have committed a crime, the defendant's agreement with some victims, the mental and medical treatment is provided, and efforts are made to prevent recidivism. In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the age

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