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(영문) 수원지방법원 2014.08.13 2014고단3180

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was under the influence of alcohol so that he was in a state that he was unable to discern things or make decisions.

피고인은 2014. 5. 20. 23:40경 술에 취해 화성시 진안동에 있는 국민은행 사거리 앞 도로의 경계석에 앉아있던 중, 신고를 받고 출동한 화성동부경찰서 소속 경찰공무원인 B와 C이 자신을 도로에서 떨어진 잔디밭 쪽으로 옮기려 하자, B 등에게 ‘씨발 좆같은 새끼, 그냥 놔둬’라고 욕설을 하였고, 이에 B 등이 순찰차로 돌아가자 뒤따라와 순찰차의 우측 뒤 펜더 부분을 발로 2회 걷어차 338,490원 가량의 수리비가 들도록 손괴하였다.

Then, the Defendant: (a) went off from the patrol car to himself; (b) the chest part of B was tightly pushed one time, and the KON was assaulted by B.

In this regard, the defendant damaged goods used by public offices, and obstructed police officers' legitimate execution of their duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Police investigation report;

1. Photographs;

1. Application of the written estimate for repair costs;

1. Relevant legal provisions concerning facts constituting an offense: The point of obstructing the performance of official duties under Article 141(1) of the Criminal Act: Article 136(1) of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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. All circumstances, such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order fully acknowledges his mistake, that the defendant has no criminal records, and that the defendant committed the crime of this case contingently while under the influence of alcohol.