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(영문) 대구지방법원 2015.01.15 2014고단5386

특수공용물건손상등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 20, 2014, around 04:30 on July 20, 2014, the Defendant of the obstruction of performance of official duties by deceptive means returned to a correctional institution by a slope E, etc., for the following reasons: (a) the Defendant was under the influence of alcohol at the police box of the Yeongdeungpo-gu Police Station D, Youngcheon-si, Sincheon-si, to request it

Nevertheless, at around 04:48 on the same day, the Defendant entered a G convenience store located in F in the same city on the same day and had H, an employee of the same place, make a false report that he was abused by the Defendant, thereby making the above E, etc. believed to be true and called out to the above convenience store.

Accordingly, the defendant interfered with legitimate execution of duties of police officers in relation to crime prevention, suppression and investigation.

2. On July 20, 2014, around 04:58, the Defendant damaged special public goods, at around 04:58, and around the convenience points, the Defendant made a false report to the staff of the military police box affiliated with the Youngcheon Police Station, which was dispatched after receiving the report by the said H, and thus, at the same time, had concerns over obstructing the correctional institution. As such, the Defendant damaged the said patrol vehicle by taking a stone (14 m in length) that is a dangerous thing in the front glass of the J 112 patrol box affiliated with the said police box, which was parked therein.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. Six copies of the photograph; and

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to each investigation report (to attach photographs, CDs, and quotations);

1. Relevant Article of the Criminal Act and Article 137 of the Criminal Act (the point of obstruction of performance of official duties by fraudulent means, the choice of fines), Articles 144 (1) and 141 (1) of the Criminal Act (the point of damaging special goods for public use, and the choice of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has been subject to criminal punishment several times for violent crimes, and the probation period is suspended.