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(영문) 부산지방법원 2020.11.04 2020고단3295
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 July 13, 2020, at around 21:45, the Defendant damaged the damage to the property in front of C, located in Young-gu, Busan Metropolitan City, to the extent of KRW 800,000,00,000 for the repair cost, due to the outbreak of the right edges of the Enibcoo car owned by the victim D, who is the workplace partner who was well known by the Defendant.

2. 공무집행방해 피고인은 2020. 07. 13. 22:45경 부산 영도구 F에 있는 부산영도경찰서 G지구대내에서, 제1항 기재 사건으로 인하여 신고 되어 위 지구대에 임의 동행하여 있던 중 그 곳에 있던 위 지구대 소속 경위 H을 비롯한 경찰관들에게 욕을 하면서 G지구대 출입문을 손으로 치고 발로 찼고, H이 이를 제지하자 주먹으로 H의 얼굴을 때리고 발로 허벅지 부분을 차는 등 H을 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

Summary of Evidence

1. Application of the police's CCTV investigation report on the police interrogation protocol H of the defendant's protocol of interrogation of the police's suspect H to the defendant's legal statement D (verification of damage caused by destruction or damage

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First offense: Basic area, imprisonment with prison labor for six months to one year for six months;

(b) Second crime: Reduction area, and imprisonment with prison labor for one month to six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year;

2. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years and without any particular reason, such as destroying a vehicle under the influence of alcohol, and assaulting the police in the earth, etc., the nature of the crime is not weak;

However, the defendant is against the crime of this case.

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