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(영문) 서울중앙지방법원 2020.06.10 2019고단8779

공용물건손상미수등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On December 13, 2019, the Defendant attempted to damage public goods in front of the entrance door of the Seoul Gwanak-gu Seoul Special Metropolitan City Seoul Gwanak-gu Seoul Special Metropolitan City “Seoul Gwanak-gu Police Station C District,” and attempted to damage the utility of the said C District Do Do Do Do Do Do Do Gun Do Do Do Do Do Do Do Do Do Gun Do Do Gun Do Gun Do Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun

2. The Defendant committed an act of obstruction of performance of official duties at the same time and place as indicated in the foregoing Paragraph 1, and immediately after doing the act, and immediately after doing so, D took the Defendant’s son, i.e., “f. bitch f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.,

Accordingly, the Defendant assaulted D and E, thereby hindering police officers from performing their legitimate duties in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Video CDs taken by a police officer;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Articles 143 and 141(1) of the Criminal Act of the corresponding Act on the criminal facts, and Article 136(1) of the Criminal Act on the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each alternative fine for punishment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order [the scope of sentencing].