logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.03.08 2017고단9331
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 18, 2017, the Defendant was sentenced to six months of imprisonment by the Incheon District Court for property damage, etc., and the execution of the sentence was terminated on August 13, 2017.

1. Around December 14, 2017, the Defendant destroyed special property: (a) around 23:00, on the ground that it is difficult for the Defendant to pass by a car in the E SP, the victim D owned by the victim parked on the front side of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, due to the difficulty of passage by the car in passage; (b) as well as (c) bricks, which are dangerous objects in the vicinity of the said place, are placed in hand, and (d) damaged KRW 3,315,827 of the repair cost.

2. The defendant was in and around the same date and time as paragraph (1);

As a result of the above-mentioned damage from the victim FF (28 tax) who is the owner of Mart business, the victim was abused, such as spiting the victim's face twice in drinking and spiting the victim's face.

3. The Defendant interfered with the performance of official duties at the same time and place as set forth in paragraph (1) and at the same time and place as set forth in paragraph (1), and he arrested the Defendant as a current offender who was dispatched after receiving a report from 112, and arrested the Defendant as a custodian of the damage to property, thereby carrying the Defendant on the patrol vehicle, and assault H, “I”. The Defendant spits the victim’s left side by spiting the victim’s face on several occasions and walking the victim’s face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, I, and F;

1. Each written statement of D;

1. Written estimate;

1. Data on each photograph and cell phone photographic image;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (prior conviction and confirmation of repeated offense), and the current status of personal expropriation;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, the choice of imprisonment for a crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

arrow