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(영문) 창원지방법원 밀양지원 2017.02.02 2016고단556

공용물건손상등

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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On August 28, 2016, the Defendant: (a) at the “C” restaurant located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun on around 01:35 on August 28, 2016; (b) reported that fire officers affiliated with D fire stations reported that fire-fighting officers were extinguishing a fire at the nearby building; and (c) parked at the site.

E-Fire-fighting vehicle installed in other vehicles listed on the top of the fire-fighting vehicle, with light light and control tower blicks around the market price.

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

2. The Defendant was installed at a fire-fighting vehicle, such as the date, time, place, as described in paragraph (1), and as described in paragraph (1).

While damaging light light, etc., the fire officer F of this D Fire Station was removed from the fire station F of this D Fire Station, and he saw the above F as a drinking f and flaps.

Accordingly, the defendant interfered with legitimate execution of duties of fire officers on the extinguishment of fire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to report internal accidents (referring to whether a siren light installed on the head of a small-scale pumps truck is damaged by a siren or not);

1. Relevant legal provisions concerning facts constituting an offense and the point of damage to public goods selected for punishment: Article 141 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; Article 136 of the Criminal Act; Article 136 of the Criminal Act; Selection of imprisonment or imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria;

(a) Category 1 (Determination of Type) (Determination of the territory of recommendation), the basic area [Determination of the territory of recommendation] of Category 1 (Determination of the invalidation of public goods] (Determination of the territory of recommendation] (Scope of recommendation], six months to one year and six months, as a result of interfering with the performance of official duties;

(b)an offence No. 2 (a determination of type) interferes with the performance of official duties.