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(영문) 서울남부지방법원 2016.11.02 2016고단4175

공용물건손상등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On August 14, 2016, the Defendant obstructed the Defendant’s business operation by force over about 30 minutes, such as taking a taxi driven by the victim D (Nam, 67 years old) from the self-help distance of the Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, and taking a destination, and taking it into the Gangseo-gu, Gangseo-gu, Seoul Special Metropolitan City, which is a place of destination. The Defendant spiting spiting spite in a vehicle into drinking, taking the victim’s vehicle into drinking, and expressed the victim’s desire to “Chewing singing, singing out,” and attempting to open the back of the taxi in operation.

2. On August 14, 2016, the Defendant was arrested as a flagrant offender for the crime described in paragraph (1) at the F District Parking Site located in Gangseo-gu Seoul Metropolitan Government, and moved to the F Area. On August 14, 2016, the Defendant: (a) expressed a police officer, who belongs to the Seoul Gangseo-gu Police Station, expressed his/her desire to “trings and chewings”; (b) displayed his/her face towards his/her escape; and (c) pushed him/her with his/her flaps.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to taking a flagrant offender into custody.

3. On August 15, 2016, at around 02:30 on August 15, 2016, the Defendant: (a) heard the speech that he would not take a bath from a police officer while being examined at the Criminal Police Station of Gangseo-gu, Gangseo-gu, Seoul, the Gangseo-gu Police Station and the office; (b) stated, “I will not take a shot, and finally, I will see once I am.”; (c) followed up the tables, the market price on which the table was on the seat of the seat, thereby damaging.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Application of Acts and subordinate statutes to the investigation report (No. 9 of the evidence list);

1. Articles 141(1), 136(1) and 314(1) of the Criminal Act of the relevant Act concerning the crime, the applicable law concerning the crime, and the choice of imprisonment;

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. Probation;