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(영문) 창원지방법원 2014.07.04 2014고단1171

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 28, 2014, at around 02:30, the Defendant damaged the market’s aesthetic repair cost, such as under the influence of alcohol in front of the cafeteria “D” restaurant, which is located in Kimhae-si, the victim E (the 63 years old) who is the owner of the said restaurant without any justifiable reason, cutting off the standing signboards owned by the said cafeteria, and walking off by lighting the car.

2. Damage to public goods and obstruction of performance of official duties by a police officer called at around 03:00 on March 28, 2014, the Defendant voluntarily f patroled from the place specified in paragraph (1) and went off from the patrol car at the front parking lot of the H district of the police station in Kimhae-si, Kim Jong-si, G, after entering the front parking lot of the H district of the police station in the Kimhae-si, G, the Defendant: (a) the front door of the patrol car, even before the front door and the rear door of the patrol car, and destroyed the 388,595 won of the repair expense; (b) the police officer belonging to the H district to take off the Defendant’s arms; and (c) the police officer at the time used to take off the Defendant’s arms; (d) assaulted the police officer’s face at one time, and obstructed the police officer’s legitimate performance of duties concerning the maintenance of public order and order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements to I and E;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 141 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime;

1. In full view of the following facts: (a) assaulting a police officer called out after receiving a report on the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act from among concurrent offenders, the Defendant committed a serious offence of denying the rule of law; (b) the Defendant committed various crimes of destroying and damaging property, damaging public goods, and obstructing performance of official duties; and (c) when the face of a police officer is taken by drinking, etc., the Defendant agreed with the victim of the damage of property, and deposited the repair cost for patrols.