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(영문) 대구지방법원 김천지원 2015.02.11 2014고단1451

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 15, 2014, the Defendant: (a) had a friendly and alcoholic beverage in the C cafeteria located in Kimcheon-si B, Kimcheon-si; (b) had a friendly Gu and fighting in front of the said frequency.

The Defendant, upon receiving a report 112, destroyed the said patrol vehicle by sending out a door of the G patrol vehicle’s driver’s seat used at the G patrol vehicle that was parked at the seat of the Kimcheon Police Station, who was asked questions from the E security guards and security guards F, to ask questions about the situation of the case.

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

2. The Defendant, at the time and place under Paragraph 1, was asked again by the Inspector E about the circumstances of the instant case, etc., and, at the same time and place, was asked to E as “non-official horses”, and was pushed to E in both hands.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (a written estimate attached to a 112 patrol box);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A large number of reasons for sentencing of Article 334(1) of the Criminal Procedure Act is the same, and in particular, the criminal liability is very heavy in that the criminal was committed during the period of repeated crime.

However, in light of the fact that police officers E and D police boxes do not want the punishment of the defendant, circumstances favorable to the reflection of the defendant, and other circumstances, such as the age, character and conduct, environment, etc. of the defendant, the punishment as ordered shall be determined.