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(영문) 대구지방법원 서부지원 2019.10.17 2019고단678

공용물건손상등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 23:40 on January 17, 2019, the Defendant damaged public goods, while taking care of 112 report and treating 112 on the street in front of a restaurant located in Daegu-gu B, Seo-gu, Daegu-gu, the Defendant: (a) took care of the light of the light D belonging to the police station C District of the Daegu-gu Police Station; and (b) took care of the light D, without any justifiable reason, the front part of the patrol car parked on the road, which was stopped on the road, thereby impairing the utility of goods used by the police station, which is a public office.

2. Performance of official duties, the Defendant: (a) arrested a flagrant offender for the same reasons as the preceding 23:47 days on the same day; (b) arrived in front of the C District Party in Daegu-gu of the patrol lane E; and (c) expressed a desire to demand the police officer to discharge the police officer from the patrol vehicle in the patrol vehicle D, and (d) put the police officer’s inside part of the police officer’s inside and outside of the police officer’s face at his head for approximately two weeks of treatment.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the prevention and investigation of crimes, and at the same time injured the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (in relation to actions and verification of personal information after the arrival of the suspect C District), internal investigation report (Attachment to patrol boxes, CDs and caps photographs), investigation report (Attachment to a medical certificate and quotation), investigation report (Attachment to a written diagnosis and quotation), and attachment to a criminal investigation report (Attachment to a closure photograph of the C District CCTV images and video CD);

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 141(1) of the Criminal Act (a point of damage to public goods), Article 136(1) of the Criminal Act and Article 257(1) of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act was that the defendant was accompanied by patrols, and that the police officer who performed his duties was injured by his head.