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(영문) 제주지방법원 2016.01.20 2015고단1849

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 20, 2015, the Defendant obstructed the performance of official duties, at around 00:35, who was arrested as a flagrant offender by the slopeF belonging to the Seo-gu Police Station E District, Seo-gu, Seo-gu, Seoul, who was called out after receiving a report by failing to pay the drinking value at the main point of “D” located in “D” located in Jeju Island, and who was arrested as a flagrant offender during the movement, assaulted the F from the front point of the above main point of view to walking the direction of the F.

Accordingly, the defendant interfered with legitimate execution of duties concerning prevention, suppression and investigation of F crime.

2. On December 20, 2015, when the Defendant, who damaged public goods, was arrested as described in the preceding paragraph and detained in the third house of the metropolitan detention room in the Jeju-dong Police Station in the Jeju-dong Police Station in the Jeju-gu, Jeju-do, the Defendant: (a) obstructed the disturbance, such as walking the entrance door of the detention room by exposing it; and (b) when entering the room of the protection detention room in around 03:18 on the same day, the Defendant destroyed the vehicle by walking the part of the entrance string.

Accordingly, the defendant damaged the entrance entrance of the protective detention room installed in public offices so that the amount of the fee can be repaired.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. Investigation report (victim, circumstance of arrest of flagrant offender, etc.) and related photographs;

1. E terrestrial image photographic data;

1. Application of the I's written statement, related photographs, and investigation reports (related to the damage of a detention cell of a suspect) Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141(1) of the Criminal Act (the point of damaging goods for public use). Selection of imprisonment with prison labor;

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

1. Suspension of execution: Interference with the execution of official duties, basic area: June -1st and June: Handling of multiple crimes committed in June - June -1st and June: The fact that there are no criminal records of the same kind and suspension of execution or more favorable circumstances in February - 6 months;