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(영문) 대전지방법원 천안지원 2017.10.13 2017고단1746
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 11, 2017, at the center of the road in the Asan City B around July 22:37, 2017, the Defendant: (a) destroyed a net trial log in a vehicle of KRW 400,000 for the victim’s own market price by making a cigarette flick on the E vehicle boat operated by the victim D, who was unable to proceed by himself/herself, without any special reason, while smoking tobacco at the center of the road in front of the Asan City.

2. On July 11, 2017, from around 22:50 to around 23:04, the Defendant: (a) reported to the effect that, at the G police box located in Asan-si, the vehicles operated by D as stated in the said paragraph 1. 1, the vehicle was damaged by shocking himself/herself; (b) the Defendant was placed a slope of the G police box belonging to the ASEAN Police Station G police box to take a bath to the said D, and to exercise violence; and (c) the Defendant was unable to avoid why he/she was unable to commit the crime of the vehicle located in the area of the Asan Police Station.

네 새끼들은 다 죽여 버릴 거야, 내가 공무집행 방해로 갔다 온 적도 있어. 다 죽여 버릴 거야” 라며 위 H의 멱살을 손으로 잡아 흔들고, 이를 제지하는 경위 I의 가슴 부위를 주먹으로 1회 때리고, 발로 왼쪽 정강이 부위를 1회 걷어찼다.

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the handling of reported cases by the above H and the above I 12.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and H;

1. Written statements of D;

1. Photographs and quotation;

1. Application of CD-related Acts and subordinate statutes

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. Two crimes for the reasons for sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation, which fall under Article 62-2 of the Criminal Act [the scope of recommending punishment] are the basic area (from June to one year and six months) (the scope of recommending punishment] (the scope of recommending punishment].

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