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(영문) 광주지방법원 해남지원 2018.07.12 2018고단166
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 April 16, 2018, at around 16:10, the Defendant: (a) was parked at the entrance of the victim C-owned D-owned D-owned Baba; (b) was damaged by the Defendant’s use of the aforementioned Oba to make it difficult for the Defendant to accurately know of the repair cost by walking the above Oba, and then by dividing one door door of B B-Ba into a non-repair fee.

2. Around 16:20 on the same day, the Defendant interfered with the performance of official duties, at the Defendant’s dwelling room located above B B B lending 302 on the same day, and “Absnisher F, who was a policeman belonging to the E division of the police station in the Southerndo Police Station E division, asked the Defendant of the circumstances of the instant case before being called out after receiving 112 a report, the Defendant broken off the glass coffee wn with the said F.

In front of the instant police box located in E-Sado, the Defendant: (a) arrested the Defendant as a flagrant offender of an interference with the performance of official duties; and (b) assaulted the said F on one occasion of her head, in the course of moving to the earth after having been arrested as a flagrant offender of an interference with the performance of official duties.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order of police officers and the handling of reports 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs using a video CD or a screen to take a video or a screen to damage property;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, destroyed another’s property without any particular reason and exercised violence against a police officer in the process of performing legitimate duties under the influence of alcohol.

The extent of violence exercised by the defendant and thereby justified.

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