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(영문) 인천지방법원 2016.03.31 2015고단7671
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 August 16, 2015, at around 04:00, the Defendant damaged 2 boxes of sublime, which is worth 50,000 won in the market price owned by the next victim E (56 years old) by walking one stop in the display belt located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon. In addition, the Defendant destroyed 2 bboxe, which is worth 50,000 won.

2. 공무집행 방해 및 상해 피고인은 2015. 8. 16. 05:10 경 인천 부평구 부평동 444-1에 있는 인천 삼산 경찰서 1 층 로비에서 위 제 1 항과 같은 사유로 112 신고를 받고 출동한 인천 삼산 경찰서 F 파출소 소속 순경인 피해자 G(30 세 )으로부터 임의 동행 요구를 받고 이에 응하여 위 인천 삼산 경찰서로 들어오던 중 갑자기 발로 앞서 걷고 있던 피해자 G의 왼쪽 무릎을 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the suppression and investigation of crimes, and at the same time, the Defendant inflicted injury on the left-hand slots, blood species, etc. requiring approximately three weeks medical treatment to the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are as follows: One Crimes (Assault) for the reason of sentencing [the scope of recommending a person to be specially mitigated] general injury [the scope of punishment from June to two years] in the area of aggravation (the scope of recommending a person to be specially aggravated] [the scope of punishment] under Article 62(1) of the Act on the Suspension of Execution, and the scope of final sentence due to the aggravation of punishment for the aggravation of punishment for multiple total offenders (the person to be specially mitigated] under Article 62(1) of the Act on the Suspension of Execution of Official Duties. The sentence is uniformed at the police station [the decision of sentence] from June to February and three months.

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