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(영문) 수원지방법원 2016.06.02 2016고단1416

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 3, 2016, the Defendant damaged public goods: (a) discovered the Defendant under the influence of alcohol to the 70th male men, who walked on the road while serving at the site by the police officer D, security guards, and patrolmen of the police station, which was called up after receiving a report from the host, in front of the Suwon-si flood Zone B, on the street, on 07:00 on March 3, 2016; and (b) ordered the Defendant to return home without complying therewith, while failing to comply therewith, the Defendant was unable to move the patrol at the front door of the Gast Systa car, and thereby debrised the part that was cut down at the market price by pushing the lower part of the patrol.

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

2. 공무집행 방해 피고인은 위 일시, 장소에서 위 순찰차의 조수석 문 앞에 서서 이동을 못하게 하여 이를 제지하려는 위 지구대 소속 경위 E의 가슴 부분을 손으로 밀쳐 넘어뜨리고, 주먹으로 위 D의 오른손을 때리고, 발로 위 F의 왼쪽 무릎 부분을 수회 찼다.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the protection of the lives of the people, public peace and order, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or E;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) of the relevant Act on criminal facts and Article 136(1) of the respective Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the execution of public duties by mutual consent and by interfering with the execution of public duties by mutual consent among persons who interfere with the execution of public duties by mutual consent and by mutual consent among persons who are the largest)

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, assaults the number of police officers performing official duties and damages the patrol.