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(영문) 인천지방법원 2017.02.03 2016고단9065

공용물건손상등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On December 25, 2016, the Defendant interfered with the performance of official duties at the park following the main point of “E” located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon. On December 25, 2016, the Defendant made a statement on the instant circumstances concerning H(47 years old) located in the Yeonsu-gu Incheon Police Station G District, which was dispatched to the site after receiving a report of 112 on the following grounds: (a) the Defendant was informed of the suspected suspicion, etc.; (b) the Defendant was arrested as a current offender; (c) the Defendant informed of the suspected suspicion, etc.; and (d) arrested the Defendant who was going back to the site on one occasion; and (d) assaulted H, such as spits, spits, etc. on two sides of H.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers related to the prevention, suppression, and investigation of crimes related to the handling of 112 reported cases.

2. On December 25, 2016, the Defendant damaged public goods, at the first floor criminal team office of the Yeonsu-gu Incheon Police Station, Yeonsu-gu, Incheon, and at the time of waiting for a police officer to undergo an investigation into the case of the above assault, etc., “Pests followed.”

C. The Republic of Korea has been strong since 190s.

In the light of the brush, “I cannot ......” sound, the brush, which was set up in the survey waiting room in the above office, was generated over 60 times so far, so far as the brush could not be connected to the brush, and the crush was displayed.

As a result, the defendant has impaired the utility of goods used by the training police station in Incheon, which is a public service worker, by impairing the repair cost of KRW 363,00.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to I and H;

1. Images of CCTV images damaged by police officers;

1. Application of Acts and subordinate statutes to investigation reports (scale of damage inflicted on public goods);

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.