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(영문) 창원지방법원 거창지원 2020.02.19 2019고단382
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 6, 2019, the Defendant: (a) around 02:06, the Defendant destroyed a tree table in the amount of KRW 50,00,00 of the market price, which is the victim’s ownership in front of the four sides of the instant land, to remove the alcohol from a 4th week, without paying the alcohol value after drinking the alcohol at the 4th week operated by the victim C.

2. At around 02:20 on November 6, 2019, the Defendant assaulted F on one’s own part, i.e., the Defendant at the place indicated in paragraph (1) of this Article, who was asked the Defendant questions about personal information, etc. from F to the police officers assigned to the Changdong Police Station E-gu, Changdong Police Station, who was dispatched to the site upon receiving a report of 112 stating that the Defendant would avoid any disturbance without paying the drinking value, and who was asked the Defendant of personal information, etc. from F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of statutes, such as site photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

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

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties) / Forced Performance of Official Duties (Special Convicts): In cases where the degree of assault, intimidation, and deceptive scheme is minor (the scope of the area of recommendation and the range of the recommended punishment), mitigation area, one month to eight months of imprisonment;

B. Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Special Aggravation] mitigation elements: considerable damage.

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