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(영문) 수원지방법원 성남지원 2016.02.05 2015고단1278
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 June 9, 2015, at around 06:50, the Defendant destroyed the victim C’s residence in Seongbuk-gu, Sungnam-si, Manam-si, with the victim and D without any justifiable reason, by breaking the victim’s house room at a cost equivalent to 50,000 won of the market price attached to the victim’s house supporting door attached to the victim’s house, while drinking alcohol together with the victim’s house, and by destroying one copy of the victim’s market price located in the room at a cost equivalent to 30,000 won of the market price, and one copy of the glass of 20,000 won of the market price owned by the victim, respectively.

2. 공무집행 방해 피고인은 2015. 6. 9. 07:20 경 제 1 항 기재 장소에서 112 신고를 받고 출동한 성남 수정경찰서 E 파출소 소속 경장 F, G로부터 진정하라는 이야기를 듣자 갑자기 “ 짭새 죽여 버린다, 개새끼 씨 발 놈 좆만한 새끼야 꺼져” 등의 욕설을 하며 이를 제지하는 위 F의 멱살을 잡아 흔들고 주먹으로 배를 3회 때리는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of report 112 by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. On-site photographs;

1. Application of the police seizure protocol statutes;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense, Article 366 of the choice of punishment (the point of destroying property), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties): Imprisonment with prison labor for each option;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment for crimes No. 1 (Interference with the performance of official duties) [Scope of the recommended punishment] and the scope of the final punishment for multiple crimes that have no basic area (f.g., June to January to April) of the basic area (f.g., interference with the performance of official duties) of Type 1 (f., interference with the performance of official duties and coercion of duty), / [g., the scope of the recommended punishment] of the basic area (f.g., damage of property) of Category 1 (f., April to October) (f.) of the basic area (f., damage of property) of Category 1 (f., damage of property): June to September 1);

2. Six months of imprisonment with prison labor for a decision of sentence;

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