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(영문) 의정부지방법원 2015.08.04 2015고단1298

공용물건손상등

Text

A defendant shall be punished by imprisonment for six 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 February 25, 2015, at around 03:25, the Defendant: (a) requested the police officer to return home from E at the “C convenience store” located in Dongducheon-si B after having received 112 report from the main disturbance; and (b) obstructed the police officer’s desire, such as “Web walk w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w ws

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers concerning 112 reporting management duties.

2. On February 25, 2015, at around 05:00, the Defendant damaged public goods by 89 Dongdu Police Station-ro, Doducheon-ro, Doducheon-ro, and the Criminal Team office office, after arresting flagrant offenders due to the act in paragraph 1, the Defendant putting one computer monitoring unit on the sloping F belonging to the Criminal1 Team at hand, and destroyed the repair cost by 200,000 won.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A witness, written statement, written statement of the G preparation (owner of convenience store business);

1. Photographs of damaged parts;

1. Records of pictures of damage to public goods;

1. Records of field CCTV photographs;

1. Application of the written estimate for repair costs;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, and the choice of imprisonment (the choice of imprisonment, considering the fact that the quality of the crime is not good) for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no history of punishment exceeding a fine, the degree of violence is relatively not severe, and the payment of computer monitoring repair expenses, etc.);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is the basic area (6 months to June and June) of category 1 (in the case of invalidation of public goods). The reason for sentencing under Article 62-2 of the Criminal Act is the first crime (in the case of damage to public goods).