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(영문) 수원지방법원 평택지원 2017.04.19 2017고단294
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 January 4, 2017, the Defendant: (a) around 12:00, the Defendant destroyed the property of the victim in the city under the influence of alcohol in a restaurant operated by the victim C in Nam-gu, Nam-gu, Nam-gu; (b) while drinking alcohol at a restaurant operated by the victim C, the Defendant, without any reason, destroyed the entrance door of the place; and (c) continuously damaged the lid of the laundry machine located in the main store by hand, thereby damaging the property of the victim in the city.

2. On January 4, 2017, at around 12:20, the Defendant: (a) obstructed the performance of official duties; (b) obstructed the Defendant by listening to the statement of damage by the victim E, a police officer affiliated with the Donnam Police Station D Police Station D police box, sent out after having received a report on 112 on the street in front of the restaurant as indicated in the preceding port; and (c) obstructed the Defendant by committing an act of disturbance; and (d) expressed the victim’s desire to “I, I, where I, I, I, I, and I, I, who will be called “I, I, I, and I, I, in any case, I, and assault the victim’s part by drinking.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by police officers and the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each sentence 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 (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Crimes No. 2 (Destruction) [Scope of Recommendation] General Criteria (Destruction of Property, etc.] In the mitigation area (one month to six months) (Special Mitigation Persons) (Special Mitigation Persons)

(c) the final sentence scope resulting from the aggravation of multiple offenses:

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