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(영문) 창원지방법원 2020.03.19 2019고단3346
재물손괴등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2019, the Defendant was sentenced to six months of imprisonment by the Changwon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on February 27, 2020, the said judgment became final and conclusive.

【Criminal Facts】

1. On August 16, 2019, the Defendant causing property damage: (a) around 19:40 on August 16, 2019, the apartment security guards C (the age of South and North) who requested the Defendant to show CCTV from the Defendant cannot be seen as the guard room; and (b) even though it was possible to view it at the management office, the Defendant continued to show CCTV as “drawed off at once,” and caused damage C to wear up two copies of glass windows equivalent to KRW 330,00 at the market price in the guard room.

Accordingly, the defendant damaged the property owned by the victim apartment management office and damaged its utility.

2. At around 23:05 of the same day, the Defendant was urged to treat the hospital and to return home from the slope E belonging to the Kimhae Police Station D District Unit E of the Kimhae Police Station, which was called out after receiving 112 report in front of the apartment site as stated in the above paragraph (1) on the same day. The Defendant committed assault, such as: (a) “I am satch, I am at the absolute house, I am at the house, I am at the house, I am at the house, I am, I am on the way, I am at the house, I am, I am, I am at the bar, I am at the bar, I am at the bar, I am at the bar, I am at the bar, and am at the slope E face.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and C;

1. Each investigation report and accompanying documents;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment with labor.

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