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(영문) 서울북부지방법원 2016.01.12 2015고단2407
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 13, 2015, the Defendant damaged the victim’s name and influence-owned glass windows owned by the victim’s name and influence in the second floor of the building of the said Defendant’s house without any justifiable reason while drinking alcohol at the house of the Defendant of the second floor B, Dongdaemun-gu Seoul Metropolitan Government.

2. The Defendant interfered with the performance of official duties at around 22:00 on the same day, and at the Seoul Dongdaemun Police Station C police box located in Dongdaemun-gu, Seoul, the Defendant was arrested as a flagrant offender due to the act of paragraph 1 of the above Article, transported the above police box to the above police box, and obstructed the lawful performance of duties regarding the criminal investigation, etc. by receiving the victim’s face face part from the police box affiliated with the above police box.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment for the sentencing guidelines: the scope of the final sentencing for the mitigated area (i.e., the scope of the recommended punishment) of the mitigated area (i.e., interference with the performance of official duties and coercion of duties) of the Class 1 (ii) [i.e., January to August] of the mitigated area (ii) of the mitigated area (ii) where the degree of assault, intimidation, and deceptive scheme is minor, the scope of the recommended punishment for the Class 2 of the mitigated area (i.e., damage to property) [i., January to June] of the mitigated area (i.e., the scope of the recommended punishment] [a person subject to special mitigation] of the mitigated area of the mitigated area (i.e., damage to

2. According to the rulings of sentence, the sentencing conditions stated in the records of the instant case, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, are equally considered and sentenced to the same sentence as the orders.

Unfavorable circumstances: the defendant.

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