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(영문) 의정부지방법원 2014.04.28 2014고단65

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 20, 2013, at around 01:25, the Defendant damaged public goods by putting the Defendant’s husband and wife at a c police box located in Namyang-si, Gyeonggi-do, and then finding the Defendant’s husband and wife in the said police box on his own, and destroying the equipment for public use by putting one computer monitor installed in the said police box on left hand on the ground that the police officers in the said box came to know of the Defendant’s convenience, and then destroying the equipment for public use by cutting down it on the floor.

2. The obstruction of performance of official duties and the Defendant was committed once by the victim D (34 years of age) who was a policeman belonging to the Namyang Police Station, at the same time and place as paragraph (1). The victim D (34 years of age) who was a policeman belonging to the Namyang Police Station, prevented the Defendant from committing the crime as referred to in paragraph (1).

As a result, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the crime of the victim, and at the same time, the victim needs to receive approximately a week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written diagnosis of injury and written estimate;

1. Application of Acts and subordinate statutes to photographs (any act of a suspect and any damaged computer, etc.) taken of CCTV images;

1. Article 141(1) of the Criminal Act (a point of damage to public goods), Article 136(1) of the Criminal Act and Article 257(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant has inflicted an injury on police officers who perform official duties and has damaged public goods, and thus, it is reasonable to strictly punish the defendant.

However, although the defendant is able to go beyond violence, he has no criminal record of suspended execution or more.