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(영문) 수원지방법원 안산지원 2020.05.15 2020고단704

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 21:45 on January 18, 2020, the Defendant damaged public goods at the C Hospital emergency room located in Ansan-si Group B of the Defendant and received 112 reports from the Defendant, and determined that there is a concern for harm to another person’s body and property due to the Defendant’s act of disturbance of drinking alcohol from police officers, including E, belonging to the police officers of the Ansan-si Police Station Police Station, and that there is a concern for harm to other person’s body and property due to the Defendant’s act of disturbance of drinking alcohol. To take appropriate measures pursuant to the Act on the Performance of Duties by Police Officers, the Defendant sold the partitions installed between the back seat and the driver’s seat on board the back seat of the F police vehicle and caused a gap of about 20 meters.

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

2. 공무집행방해 피고인은 2020. 1. 18. 21:55경 안산시 단원구 G에 있는 H 정문 앞 노상에서 위 경찰차에서 내린 다음 바닥에 누워 집으로 귀가하기를 거부하면서 집 주소를 물어보던 안산단원경찰서 D파출소 소속 순경 E의 왼쪽 허벅지를 오른 발로 1회 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in relation to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to internal investigation reports, photographs, investigation reports (video analysis);

1. Article 141(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment (the fact that the crime is not a bad and not a restoration of damage in light of the content of the crime and the circumstances after the crime) concerning the crime

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

1. Article 62 (1) of the Criminal Act (Taking into account the absence of penal power);

1. Social service order under Article 62-2 of the Criminal Act;