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(영문) 대구지방법원 김천지원 2014.09.03 2014고단679

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 24, 2014, at around 17:30 on May 24, 2014, the Defendant, at the E-cafeteria operated by Kimcheon-si, indicated complaints, such as the victim’s food ordered by the Defendant and having the victim collected the suspension on the floor, which interfered with the Defendant’s duties. From around 21:00 of the same day to 21:30 of the same day, the Defendant laid the small-beer’s disease, glass alcohol, and so on on the bottom of the table under the influence of alcohol, laid the small-beer’s disease on the bottom, such as protruding the victim’s vision and raising the sound on the floor, and 25 the customers on the floor, thereby interfering with the victim’s restaurant business by force.

2. 공무집행방해 피고인은 2014. 5. 24. 21:30경 위 식당에서 위와 같이 소란을 피우던 중, 112신고를 받고 출동한 김천경찰서 F파출소 소속 경위 G, 경위 H으로부터 현행범인으로 체포되어 순찰차에 타게 되자, 발로 G의 가슴과 정강이를 수회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning reporting duties and suppression of crimes by police officers.

3. On May 24, 2014, at around 23:23:23, the Defendant damaged public goods, at the Fa of the Kimcheon Police Station located in I, Kimcheon-si, Kimcheon-si, the Defendant: (a) caused police officers to have a cell phone with a cell phone in which the police officers were dissatisfied with the locking of themselves; and (b) caused the Defendant’s damage of the public goods at the above Factor’s glass worth KRW 20,00,000 at the market price.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police officer's statement about D and G;

1. Each investigation report (limited to addition to the crime of damaging public goods, and addition to cell cells, etc.);

1. Application of statutes, such as site photographs;

1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, the choice of punishment for the crime;