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(영문) 인천지방법원 2016.01.20 2015고단7133

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 27, 2015, the Defendant interfered with the performance of official duties of patrolmen C and D around the main point of “F” located in the Nam-gu Incheon, Nam-gu, Incheon, on the road prior to the main point of “F” located in the Nam-gu, Incheon, by receiving a report from 112, and sent to the police officer belonging to the G District of the Incheon Southern Police Station, for the Defendant to have the Defendant returned home, and carried out a breath of the above C itself, and 3 times the face with the hand floor while carrying out a breath of the said G District. Accordingly, the police officer affiliated with the said G District would arrest the Defendant as the current offender of the interference with the performance of official duties, and caused the said police officer to perform legitimate duties concerning the prevention and control of the crime by the said police officer.

2. Around 22:40 on the same day, the Defendant damaged the wall surface of a guide skek located in the Southern-gu Incheon Metropolitan City GJ, and caused damage to the Defendant’s utility by exposing the wall of a guide skek, which the Defendant attempted to unfolded the Defendant’s lock, so that the amount equivalent to KRW 780,000 for repair cost would be KRW 780.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the written estimate, the photographic image of the crime scene, each damaged body photograph, and the Acts and subordinate statutes governing the photograph of the damaged body;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense (the point of impairing goods for public use) of the same Act;

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

1. Selection of an alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the case assaults the police officers dispatched by the defendant after receiving a report 112, and it is not good that the crime is committed by damaging the wall surface of a guide skke in the earth.

However, the fact that the defendant recognized the crime of this case, there is no record of crime above the same kind and suspended execution, and police officers.