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(영문) 부산지방법원 2018.08.16 2018고단2529
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. On June 6, 2018, at around 01:50, the Defendant damaged the property by removing the drain pipe of the steel scrap on the market price of the victim, which is the victim's ownership, in an influence from the toilets of the "E" at the main point of the "E operated by the victim D" located in Busan B and the second floor.

2. On June 6, 2018, around 02:25, the Defendant interfered with the performance of official duties, at the front stairs as stated in the foregoing 1.1. Around June 6, 2018, G, a police officer belonging to the Busan Coast Guard, who was dispatched after receiving a 112 report, solicits the Defendant to return home again, “I saw the Defendant.”

“In doing so, he assaulted G’s chest by hand on two occasions, and obstructed the police officer’s legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of statutes on police statements made to G, D, and H

1. Article 366 of the Criminal Act applicable to the facts constituting an offense (the point of destroying property, the choice of imprisonment) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice 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 on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for the sentencing of Article 62-2 of the Criminal Act, including observation of protection and community service work;

1. Where the degree of interference with the execution of official duties is minor in the area of special mitigation (one month to eight months), the area of special mitigation (i.e., assault, intimidation, deceptive scheme, or obstruction of public duties, the scope of punishment [the scope of punishment recommended]] of the area of mitigation (one month to six months), the area of punishment [the scope of punishment recommended] of the area of mitigation (one month to six months of damage, etc.] of the area of punishment [the area of special mitigation] of the area of reduction (including serious effort to recover damage), or of the area of punishment (including serious damage) of the area of punishment of the area of reduction (one month to six months of damage, etc.), where a significant portion of damage is recovered, the scope of final sentence pursuant to the number of multiple crimes: one month to Nov. 1;

2. Judgment of a suspended sentence of imprisonment for the same kind of crime as the sentence of sentence is rendered;

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