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(영문) 인천지방법원 2016.05.10 2016고단1186

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 20, 2016, the Defendant: (a) around 09:30 on February 20, 2016, the Defendant: (b) was unable to pass through the road front of Incheon Jung-gu, Incheon; (c) caused the damage to the property by driving the cream; and (d) caused the damage to cut the wire-line of the construction.

Accordingly, the Defendant damaged the said steel network to have approximately KRW 100,000,000.

2. 공무집행 방해 및 공용 물건 손상 피고인은 제 1 항과 같은 일시, 장소에서 위와 같은 범행 때문에 신고를 받고 출동한 인천 중부 경찰서 E 지구대 소속 경찰관인 경사 F을 손으로 밀치고, 위 F의 얼굴에 침을 뱉고, 발로 위 F을 걷어 찼다.

The Defendant continued to walk on the right side of the G patrol vehicle with a view to walking.

As a result, the Defendant interfered with legitimate execution of duties concerning the dispatch of report and investigation of violent incidents by police officers, and damaged things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Written statements of D;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (a point of destruction) and Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), Article 141 (1) of the Criminal Act (a point of damaging goods for public use) 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Application of the sentencing criteria;

(a) First offense (damage to Goods for Public Use) (Scope of Recommendation) (Scope of Punishment), the basic area (from June to one year and six months) (no person who is subject to special sentencing) of the first type (Invalidity of Goods for Public Use) (no person who is subject to special sentencing);

B. Group 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] No. 1 Crimes (Obstruction of Execution of Official Duties and Compelling of Duties) are basic areas (six months to one year and four months) / None of special sentencing factors.

(c) 3 offences (damages) (Scope of recommendations) general standards.