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(영문) 창원지방법원 통영지원 2017.08.08 2017고단767
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 1, 2017, at around 20:40, the Defendant: (a) protested against the victim C (the son, 53 years old) who was a victim of 101 Dong Dong-dong 101-dong 101-dong 101-dong 101 in his residence; (b) the Defendant: (c) divided the portrait of the above residence in order to kill the Defendant; (d) on the ground that the victim was not the victim; (c) but (d) the victim did not have been the victim, thereby damaging the 40,000 won of the market price owned by the victim of the front corridor of the front of the front door.

2. On June 1, 2017, the Defendant interfered with the performance of official duties, at around 20:49 on June 1, 2017, after receiving a report from 112, stating that “any abnormal person continues to wear a warning,” the Defendant was pushed down with gates E at the seat of the police station life safety at the seat of the police station, and the gate E at the seat of the D, and asked the personal information of the reporter, and pushed down the said E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Photographs of damage scene;

1. Application of Acts and subordinate statutes to a investigation report (to be submitted a written estimate of damage C and attach a written agreement);

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively, for the 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

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

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties) is the basic area (from June to one year and six months), and there is no person in special sentencing).

(b) Two crimes (the scope of punishment on recommendations) (the general standards for crimes subject to destruction shall be one type of crime.

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