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(영문) 인천지방법원 부천지원 2020.01.10 2019고단3556
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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. On September 9, 2019, the Defendant damaged the property by cutting down two chairs equivalent to 30,000 won in the market price managed by the victim D (n, 58 years of age) without any justifiable reason in a singing practice room located on the first basement B in Bupyeong-si, Bupyeong-si around 20:10 on September 9, 201, and destroying them by using the method of assessing the glass door amounting to 50,000 won in the market price.

2. On September 20, 2019, the Defendant: (a) expressed a desire to “Is the victim’s chest by bitching bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch.” On September 20, 2019, the Defendant expressed that “Is the victim’s chest xle son, bitch bitch bitch bitch bitch bitch, and the victim’s head by drinking son at one time.”

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A written statement of G and D;

1. Application of statutes on site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

B. The second crime (determination of types) (the destruction of and damage to property) shall include the destruction of and damage to property (Article 1).

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