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(영문) 인천지방법원 2017.10.26 2017고단6531
재물손괴등
Text

A defendant shall be punished by imprisonment for four 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 August 4, 2017, at around 22:30, the Defendant damaged the said cash withdrawal machine by the victim E, who was installed at the entrance of the said Schlage in Gyeyang-gu Incheon, on the ground that the Defendant was prone, while using the cash withdrawal machine managed by the victim E, who was installed at the entrance of the said Schlage C, was prone, on the floor of his hand, and caused the damage.

2. The Defendant who interfered with the performance of official duties was reported at the date, time, and place specified in paragraph 1 at the place, to the effect that H, a police officer belonging to the Incheon Gyeyang Police Station G District, who was dispatched to the site after receiving a report on 112 that “I am fright by drinking off the cash payment period,” and attempted to verify whether H is liable to damage the Defendant’s property.

It is possible to find out the internal prices and make compensation therefor.

The Hashes expressed that the Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Hashes Ha

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of the I;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, and the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【the scope of recommendations according to the standards for handling multiple crimes】 [11] Basic Crimes (Obstruction of Performance of Official Duties): Class 1 mitigation area - Special mitigationist: where the degree of assault is minor, Category 2 Crimes (Destruction of Property): Reduction Area - Special mitigationist Zone - Decision - Decision 【Determination 【Court Decision 【Court 【Unlimited to Punishment 【Court 【Unlimited to Punishment’: Legal character, conduct, or risk of recidivism in light of the holding of technical capabilities and good faith, the development of crime, etc.

The punishment of four months shall be determined within the scope of the recommended punishment in consideration of the sentencing factors, and its execution shall be one year on condition of community service for the prevention of recidivism.

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