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(영문) 서울서부지방법원 2017.09.20 2017고단1996

공용물건손상미수등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On June 17, 2017, at around 00:25, the Defendant: (a) took an inquiry about how to identify this situation by the police officers belonging to the F District of the Mapo Police Station of Mapo-gu Seoul, who were under the influence of alcohol on the front side of Mapo-gu Seoul Metropolitan Government D, and called “one day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-day day-off

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. 공용 물건 손상 미수 피고인은 제 1 항 기재 일시, 장소에서 위 H의 조끼를 잡아당겨 그곳에 있던 무전기가 바닥으로 떨어지자 발로 위 무전기를 세게 걷어차고, 계속하여 공무집행 방해의 현행 범인으로 체포되어 I 순찰차에 탑승한 후 발로 순찰차의 오른쪽 뒷좌석 문을 수회 걷어찼다.

Accordingly, the defendant did not commit an attempted crime, even though he did not harm things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to G (including H statements);

1. Filing a report on investigation (Scamblings and cell phone images verification), and applying Acts and subordinate statutes to a report on investigation (the confirmation of additional cell phone images);

1. Article 136 (1), Article 143, and Article 141 (1) of the Criminal Act (the point of obstructing the performance of official duties) concerning facts constituting an offense under the relevant provisions of the Criminal Act (the point of attempted damage to goods for public use);

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

1. Selection of each alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The purpose of Article 334(1) of the Criminal Procedure Act is to assault police officers in uniform for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and to inflict damage on electrical and patrol cars, a public object building.