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(영문) 창원지방법원 2016.05.26 2015고단3464

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 October 17, 2015, the Defendant damaged public goods: (a) around 23:30, Jindo-si, Jindo-si, Jindo-si; (b) around the 815 Jindo-si, Jindo-si, Jindo-si, his father, and his father, who would be bad, and would not engage in public service; and (c) before the above police station, the Defendant found in front of the above police station that she had been in the smoking room of the building in the Dong dong dong Do-dong dong 20,00 won of the market price (34cm in diameter, 38cm in height) led to the entrance door door of the police station at the above police station (90cm in width, 190cm in length, 190cm in length), destroyed the aviation door and damaged the repair cost, and 100,000 won of the automatic roll in front of the above glass.

Accordingly, the defendant damaged public goods.

2. The Defendant interfered with the performance of official duties, after destroying the entrance entrance of the police station as described in paragraph 1 at the date, time, place, and as described in paragraph 1, sent the entrance to the prison “shot and B”

달라” 고 소리치면서 소란을 피우고, 민원인 안내 데스크 근무를 서고 있던 의무경찰 B에게 “ 야 이 새끼야 너 이리 와 봐, 너는 뭐하는 놈이야 ”라고 말하면서 주먹을 쥔 채 위 B을 때릴 듯이 위협하였다.

Accordingly, the defendant assaulted and threatened police officers to interfere with legitimate execution of duties concerning the protection of police officers' office buildings and guidance for civil petitioners.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written estimate (No. 8) and the application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 141(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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. The first type of crime for the reason of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation (the scope of recommendations / [the scope of recommendations ] the invalidation and destruction of public goods / the basic area (from June to one year and six months) (the person subject to special sentencing) / [the scope of recommendations / The scope of recommendations / The scope of recommendations / The scope of suspension of performance of official duties / the coercion of official duties).