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(영문) 서울중앙지방법원 2016.05.12 2016고단1592

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2016, at around 02:48, the Defendant damaged public goods, at the front of the Seoul Military Station, destroyed and lost the wall at the bus stops and was called for a disturbance, and used patrol cars belonging to the same police station C district unit of the same police station, which used patrol cars of No. 11 of the same police station, and used patrol cars located in front of the bus stops located in Gwanak-gu in Seoul Special Metropolitan City, where the Defendant was living at the place of residence, lost the wallets, and followed the patrol inside the patrol car, and “I am off.”

The patrol is responsible for d.", and the patrol is pushed off by body of the patrol vehicle, and the driver's seat of the patrol vehicle is cut off by hand, and damaged by breaking it by hand.

Accordingly, the Defendant damaged the goods used by public offices.

2. On February 27, 2016, around 03:10 on February 27, 2016, the Defendant was arrested as a current offender of the crime of damaging goods for public use under the above 1. Before the Seoul Seocho-gu Seoul Seocho-gu Seoul District District Office, the Defendant spits off D’s face, spite D while walking along the C District with D, and assaulted D’s wheels to restrain it.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and criminal investigation of D flagrant offenders who are police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of four Acts and subordinate statutes to each investigation report and four photographs;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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-class crime for sentencing under Article 62-2 of the Social Service Order Criminal Act (amended by Act No. 62-2) with the reason for sentencing, and the first-class crime [the scope of punishment recommended] without the basic area (six months to one year and four months) [the person subject to special sentencing] [the scope of punishment recommended] the mitigated area (one month to eight months), and the mitigated area (one month and eight months) [the person subject to special mitigation] invalid or destroyed objects.