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(영문) 대전지방법원 논산지원 2019.04.30 2019고단45

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 14, 2018, the Defendant damaged the victim’s property by destroying a b.5 million won in total of the market prices of 2,50,000 won, while drinking alcohol at one place of D entertainment tavern operated by the victim C, which was operated by the victim C, in 201:15.

2. The Defendant damaged an article for public use, as in paragraph 1, destroyed the article for public use, and sent to the site after receiving a report of 112, the police officers belonging to the Seosan Police Station E Zone E-gu, Seosan Police Station, who were parked outside the above e zone, did not enter his horse, and broken back the back glass of the F patrols belonging to the E zone E zone, parked outside the above e zone.

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, to cover KRW 125,00 in the repairing cost.

3. On December 14, 2018, the Defendant: (a) destroyed the main boom, destroyed the back glass of the patrol car, arrested him as a flagrant offender; and (b) brought him to the E zone located in G in 01:40 on December 14, 2018; (c) took the place to the E zone located in the E zone located in the E zone where he had performed his duties; (d) took the Ha’s bath to read “spaws, spaws, spaws,” and assaulted the said H’s chest with his left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and I;

1. A criminal investigation report (in addition to field photographs, etc.);

1. Investigation report (the party telephone investigation of the victim);

1. A written estimate of the investigation report;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to CCTV for D main points);

1. Relevant Article of the Criminal Act, Articles 366, 141 (1) and 136 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: The same shall apply to the two times before the crime of fine is committed;