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(영문) 대구지방법원 2014.12.24 2014고단5983

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On September 29, 2014, at around 03:05, the Defendant damaged public objects, under the influence of alcohol in front of the D District District of the Daegu Suwon-gu Police Station D District District, Daegu Suwon-gu, Daegu-gu, the Defendant: (a) destroyed the car patrol, etc., which is a public object used by public offices, by cutting down the string line between the troke of the said earth, where the E slope belonging to the said earth, the troke of the patrol that was parked, and the troke of the patrol that was parked, and destroying the car patrol, etc., which is a public object used by public offices, by cutting the flag of the vehicle’s number plate.

2. On the same day 03:20 on the same day, the Defendant: (a) destroyed the patrol vehicle as above; and (b) expressed the police officer who moved to the D Zone and asked his personal information to the D Zone, “Is the spite, spite, spite, spite, spite, spite, spite, spite, and spite the F’s face; and (c) assaulted the police officer, who continued to walk the spite E’s spite, spite, spite, spite the spite.

As above, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order in the police officer F and Assistant E’s global belt, and at the same time, suffered damage to the character of a detailed face requiring treatment for about two weeks to the victim E (the age of 46).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Statement of opinion;

1. A copy of each public official certificate, and a copy of the work log in the D District;

1. The investigation report (with respect to failure to accept the report);

1. Application of Acts and subordinate statutes to photographs of damaged patrol vehicles;

1. Article 141(1) of the Criminal Act applicable to the facts constituting an offense (a point of damage to public goods), Article 136(1) of the Criminal Act, and Article 257(1) of the Criminal Act;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant erred in sentencing of Article 334(1) of the Criminal Procedure Act.