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(영문) 수원지방법원 2020.05.07 2020고단1311

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On January 18, 2020, at around 22:45, the Defendant damaged the repair cost of the Fststnas troke, which is an object used by a public office, on the ground that B, a police officer belonging to the E district called E zone, who received a report from the Defendant to drink a disturbance in front of the “D” restaurant located in the Busan District captain C, Busan, upon the receipt of a report from the Defendant, 112, the Defendant was able to look back to the Defendant, on the ground that B, a police officer belonging to the E zone, who was called up, solicits him to return home to the Defendant.

2. The Defendant engaged in obstruction of performance of official duties by assaulting, at the same time and at the same place as the above 1. Paragraph 1., the Defendant committed assault, such as 4 times the face part of B with drinking, and quihing the trees and shoulder by hand, and obstructed the police officer’s legitimate performance of duties concerning the handling of report 112.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. Application of Acts and subordinate statutes to an investigation report and an investigation report (including a written opinion and a written estimate, etc. attached thereto);

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Although the reason for sentencing of Article 25(2) and (1), and Article 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Declaration of Provisional Execution, the Defendant committed each of the crimes of this case under the influence of alcohol, resulting in a contingent act by the Defendant. However, each of the crimes of this case, where the Defendant wears uniform and uses violence to police officers who perform legitimate public duties, and damages patrol vehicles, which are public goods, is not easy to commit such crimes

However, it is against the defendant's recognition of each of the crimes in this case, and it is true that the defendant will not reach the above crimes.