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(영문) 대전지방법원 천안지원 2019.08.29 2018고단2044

공용물건손상등

Text

A defendant shall be punished by imprisonment with prison labor 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 June 2, 2018, the Defendant damaged public goods: (a) around 20:20 on June 2, 2018, the Defendant got off the hand of the said E, which embling the police officer called up under the influence of alcohol, and caused the damage of the portable source to be 26,40 won away from the floor of the said portable source, by issuing a penalty payment notification to the head of the police station affiliated with D police station of Daejeon Dong-dong Police Station, which called “C”, on the front side of the restaurant in front of the restaurant, and called “C”, and issued a penalty payment notification to the police officer; and (b) thereby doing so.

2. The Defendant: (a) committed an act of obstruction of performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the handling of 112 reported duties by the police officer in a manner that forcibly takes one time with the left inside part of the said F, when the F of the security guards belonging to the said D belt saw back back to her home, and when she sing back to the police officer as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. 112Report settlement statement;

1. Written estimate;

1. Application of statutes on photographs of damage;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Damage to Public Goods) [Determination of Penalty] Crimes: Invalidity and Destruction of Public Goods / [No. 1] Nullity of Public Goods / No. / [Special Convict] / [Scope of Recommendation and Recommendation] Basic Field, Imprisonment with labor for six months to one year;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1). Obstruction of the performance of official duties (Article 1).