beta
(영문) 서울남부지방법원 2014.10.07 2014고단3240

공용물건손상

Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. On August 6, 2014, Defendant A, on the roads near Yeongdeungpo-gu Seoul Metropolitan Government, around 23:10, the Defendant: (a) operated by E, a police officer affiliated with the Seoul Yeongdeungpo-gu Police Station D police box; (b) operated by E, a police officer affiliated with the Seoul Yeongdeungpo-gu Police Station D police box; and (c) obstructed the parts of the booms behind the patrol car’s patrol 37(F) one time, without any justifiable reason, and damaged the objects used by public offices.

2. 피고인 B 피고인은 전항 기재 일시, 장소에서 위 E이 위 A을 전항 기재 범죄로 현행범인으로 체포하려고 하자 “씨발, 놔둬라, 개새끼야”라고 욕설을 하면서 피해자의 손목을 잡아 끌고, 순찰차 뒷문을 열어 위 A을 끌어내려 하였다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A written statement of G and E;

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

1. Article applicable to criminal facts;

A. Defendant A: Article 141(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Selection of each selective fine for punishment (including the fact that a person commits any contingent crime in the state of being committed, the degree of the type of punishment used is weak, the extent of damage is insignificant, and the fact that a mistake is recognized, and reflects it);

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;