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(영문) 부산지방법원 2016.09.07 2016고단3673

공용물건손상등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 26, 2016, at around 00:55, the Defendant: (a) destroyed a police publicity fluor card equivalent to KRW 66,000 at the market price owned by the Busan East Police Station, which is an object for public use, and was in possession of the same in advance.

2. At around 01:00 on June 26, 2016, the Defendant: (a) discovered the Defendant who was a victim E (the aged 36) belonging to the Busan East Police Station D Zone D District of the Busan East Police Station, and asked the Defendant about the above paragraph (1) by asking the Defendant on the facts; and (b) the Defendant interfered with the performance of public duties in relation to the suppression and prevention of the police officer’s crime by assaulting the Defendant’s crime and prevention, by assaulting the Defendant, i.e., e., spatie, spatie, spatie, and spatie, spatie, spatie, etc., spatie at the front of Busan East-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Plastic cards, photographs, and damaged photographs of obstruction of the performance of official duties;

1. Application of the written estimate of the fix card;

1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Probation Criminal Act [the scope of sentence of recommendation] The reduction of types 1 (Invalidity of Public Goods) and the reduction of types 1 (Obstruction of Performance of Official Duties or Forced Performance of Duties) (and June-14) of the Framework Act on the Suspension of Performance of Official Duties (Obstruction of Performance of Duties or Forced Performance of Duties): In a case where the value of the invalid or destroyed public goods is insignificant (the decision of sentence] in a case where each of the crimes of this case was committed in this case, each of the crimes of this case is a police officer who destroyed and dispatched the police public relations display card, which is a public goods.