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(영문) 서울북부지방법원 2017.03.16 2016고단5148
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 October 25, 2016, at around 23:30 on October 25, 2016, the Defendant damaged the damage that caused the damage of the property by generating the glass front of the E-pock owned by the victim, while the Defendant was in dispute with the victim D in front of the Ctel in Gangnam-gu Seoul, Seoul.

2. The Defendant interfered with the performance of official duties at the above date, time, and place, and assaulted the Defendant by the police officer F belonging to the Seoul Southern Police Station, who called out after receiving 112 a report, by taking the Defendant into account the above F’s timber with the left hand without any reason to ask the Defendant about the circumstances of the instant case, and by removing the F’s rank rank on the boom.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made to F;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment 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. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture, are as follows: (a) a crime (damage, etc.) committed in the mitigated area (1 to 6 months) of Category 1 (Destruction of Property, etc.) (1) [Specially mitigated Persons] of Grade 2 (Obstruction of Execution of Official Duties) who is not in the basic area (6 months to 1 year and 4 months) of Category 1 (Obstruction of Execution of Official Duties) [the scope of recommended Punishment], the basic area (6 months to 1 year and 4 months) [the special sentencing person] of Grade 1: The final sentencing scope due to the increase: From June to July 1, 2014 [the sentence] of the Defendant committed the instant crime even though he had a history of being punished for a suspended sentence on November 2014; and (b) it was recognized that the Defendant committed an assault to a police officer on the part of an emergency after receiving a report, which is not only causing a police officer's fraud, but also serious violation of legitimate execution of official duties.

(b).

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