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(영문) 대구지방법원 2017.07.13 2017고단2851
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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 April 27, 2017, the Defendant: (a) around 10:00, the Daegu Dong-gu, Daegu-gu B Victim C (hereinafter “D”); (b) issued alcohol and food orders to the victim, and presented the victim’s check card for food calculation; (c) the victim’s defect, “the balance of the card is to be calculated again because it falls short of the balance; (d) the victim’s signature tag was stored in the table with the card signature tag amounting to KRW 5,000, the market price, which is the victim’s ownership fixed on the carter table, was destroyed by drinking.

Accordingly, the defendant damaged another person's property.

2. The Defendant interfered with the performance of official duties at the front of the restaurant above the day-to-day, such as Paragraph 1, and when a policeman F belonging to the police station E District of Daegu Dong-dong Police Station, who was called upon receiving a report, set the patrol car in front of the restaurant, he saw that “I have been drawed, why I would have been snicked when I had snicked.” The Defendant was able to snick the bom of the F with the hand hand, and he was able to slick his hand with his hand, and he was slicked once by drinking.

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning the suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes in writing C;

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, respectively, for the 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. On the grounds of sentencing in Article 62-2 of the Social Service Order Criminal Act, crimes 1 (Interference with the performance of official duties) [the scope of recommending punishment] in the area of mitigation (one to six months), the area of punishment (one to six months), the area of punishment) [the scope of recommending punishment] in the area of mitigation (one to six months), or the area of damage (including a serious effort to recover damage) in the area of punishment (including a person subject to special mitigation) or significant damage) in the basic area (one to one month) (one to six months).

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