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(영문) 창원지방법원 2016.11.16 2016고단2967
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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. 재물손괴 피고인은 2016. 9. 1. 01:55경 창원시 성산구 B 앞 노상에서, 대리비 지급 관련으로 성명불상 대리기사와 시비를 하던 도중, 창원중부경찰서 C 소속 경사 D, 순경 E가 불러낸 피고인의 동거녀 F이 위 대리기사에게 대리비를 몰래 지급하자, 화가 나, F에게 “씨발년아 니가 왜 대리비를 주냐”고 욕설을 하고, 그 주변에 주차되어 있던 피해자 G 소유의 H 그랜져 승용차의 왼쪽 사이드 미러 부분을 주먹으로 2회 치고, 발로 1회 걷어찼다.

Accordingly, the defendant damaged the car owned by the victim to be approximately KRW 134,585 of the repair cost.

2. Obstruction of Performance of Official Duties, the Defendant was at one time at the time, place, slope D, or policeman E, who was a police officer, committed an act of destruction and damage as stipulated in paragraph (1), and the Defendant attempted to arrest the Defendant as a flagrant offender at least twice, the vice of the head of E, who was a drinking slope D, and the vice of E’s face was taken one time by drinking.

As a result, the Defendant assaulted police officers to interfere with legitimate performance of duties concerning the arrest of flagrant offenders by police officers, and at the same time inflicted an injury on a slope D, such as acute typitis that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. G statements;

1. Application of written estimates and written diagnosis to statutes;

1. Articles 366, 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.

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