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(영문) 부산지방법원 2017.12.07 2017고단5407
재물손괴등
Text

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

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to two years of suspended sentence on July 6, 2017 by obstructing business operations at the Busan District Court on July 14, 2017, and the judgment became final and conclusive on July 14, 2017, and is still under suspended sentence.

[Criminal facts]

1. On October 23, 2017, at the main point of “E” operated by the victim D in Young-gu, Busan Metropolitan City, the Defendant damaged the damage of the property by cutting off the table table, which was located on the part of the victim, with the other customers, who had a dispute with the Defendant’s scam and scambling with the other customers.

2. Around 21:45 on the same day, the Defendant: (a) expressed that he was at the front of the above main point at around 21:45, the Defendant was able to take a bath to G in the circumstances belonging to the Youngdo Police Station F District of the Do Police Station, and the slope H, who called “I Hahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnhnnnnnnnnnnnnnnnnnnnnn

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, H, and I;

1. Photographs related to the case;

1. Records of the judgment: Investigation report (Attachment to the same type judgment, etc. attached thereto), inquiry report, criminal history, and application of Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravated punishment of concurrent crimes (e.g., interference with the execution of official duties) (the scope of recommendation).

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