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(영문) 대구지방법원 2018.10.16 2018고단3658

공용물건손상등

Text

A defendant shall be punished by imprisonment for one year.

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 August 19, 2018, at around 04:30 on August 19, 2018, the Defendant damaged public goods: (a) the police officers belonging to the instant police box on the ground of the arrears of fines at the D police box located in Sinsan-si; (b) the police officers try to board the Defendant to hand the Defendant over to the criminal department of the Gyeongsan-si Police Station; (c) the rings, embling, and arging the face; and (d) the Defendant found and killed and shot the face, and then damaged the Defendant’s repair cost of KRW 71,720, such as displaying even the back of the patrol box and windows on several occasions.

Accordingly, the Defendant damaged the goods used by public offices.

2. On August 19, 2018, around 05:10 on August 19, 2018, the Defendant was arrested as a flagrant offender and the police officers affiliated with the above police box were arrested as a flagrant offender and tried to transfer the Defendant to the criminal department of the police station in Busan, the police officers assigned with the above police box were asked the Defendant to the right side of the victim F (42 years old) by the police officer assigned with the above police box while serving at the port of resistance in order not to take the Defendant on the patrol box.

Accordingly, the Defendant interfered with legitimate performance of duties by police officers in relation to the prevention, suppression, and investigation of crimes, and at the same time, put about two weeks of treatment to victimized police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs of a damaged police officer;

1. Each F medical certificate;

1. Application of the written estimate for vehicles;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) of the relevant Act on criminal facts, Article 257(1) of the Criminal Act (a point of harm), and Article 136(1) of the Criminal Act (a) of the same Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 62-2 of the Criminal Act, Article 44-2 and Article 2-3 subparag. 2 of the Medical Care and Custody Act (the defendant had met at the time of committing the instant crime).

In addition, it is necessary.