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(영문) 인천지방법원 부천지원 2018.09.13 2018고단1640

공용물건손상등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to editing illness, etc.

1. On June 18, 2018, the Defendant obstructed the performance of official duties at the end of Seocheon-si, the end of 333 (Seongdong-dong), and at the first floor of the fathercheon-do University Sticker’s University, the Defendant was arrested as a current offender from Seocheon-gu Police Station D police Station E who was dispatched upon receipt of a report of 112 that the Defendant assaulted C, and was in a state of continuous interest, and was boomed on his/her face with the Defendant’s face.

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

2. On June 18, 2018, the Defendant who damaged public goods was arrested as a current criminal with the obstruction of assault and performance of official duties as of June 13:15, 2018, and continued to take on the back seat of the patrol vehicle and make him/her take a bath while going on the earth as of the earth, and caused a gap between the lower seat of the patrol vehicle and the patrol vehicle on several occasions, thereby damaging the patrol vehicle, which is an object used by public offices, so that the repair cost would be lost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of F and C;

1. Investigation report (the transmission of suspect A G hospital);

1. The place where he works in the D District;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Custody, etc. Act: The defendant exercised violence against a police officer who performs his/her legitimate duty, and damaged a patrol vehicle which is a public object, and the nature of the crime is not good.