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(영문) 부산지방법원 2016.08.18 2016고단2921
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 June 5, 2016, around 21:40 on June 5, 2016, the Defendant: (a) under the influence of alcohol in front of the Geum-gu Busan Metropolitan Government, the Defendant damaged the Defendant to take the right-hand side of the front car, which is owned by the victim D, into two descendants, and thereby, damaged the Defendant’s repair cost of approximately KRW 705,870,000, by breaking it.

2. On June 5, 2016, the Defendant: (a) 22:10 on June 5, 2016, who had been arrested as a current offender on the G District District District of the Busan Geum-gu Busan Sim Police Station G District, which was located in F of the Busan Geum-gu, in Busan, took a bath for police officers; (b) the police officers prevented them; and (c) assaulted on one occasion at the left hand the right hand floor to interfere with the police officers’ performance of duties concerning the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of D;

1. Application of the written estimate for automobile maintenance and inspection;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the 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. For the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order, the scope of the final sentence due to the aggravation of punishment [person subject to special mitigation] of the mitigation area (one month to six months), the mitigation area (one month to six months), the mitigation area of punishment] (the scope of recommendation), the mitigation area of punishment (one month to six months), and the scope of the final sentence due to the aggravation of punishment: 6 months to one year and seven months [decision of a sentence] under the circumstances where a defendant loses his mind due to alcohol, he committed each of the crimes of this case under the influence of alcohol.

Even if the act of destroying another person's vehicle without any reason and of obstructing the performance of official duties, it is necessary to punish the act corresponding to the criminal liability for the act of obstructing the performance of official duties by avoiding the disturbance without being involved in the situation in which the current criminal was arrested as an offender.

However, the defendant himself.

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