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(영문) 광주지방법원 목포지원 2016.06.02 2016고단176

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant damaged an object for public use on December 11, 2015, at the C convenience store located in Busan Young-gu, Busan, around 00:25, the Defendant driven a car and passed there.

D misunderstanding that the Defendant’s cruise car parked at this place was damaged, and assaulted D by breaking the chests of the above D with flabing fat by drinking fat, fating the fat, which was called upon 112 report, and thereby arrested the Defendant as a current offender of the above assault, and thereby arrested the Defendant as a police officer belonging to the Busan Young-do Police Station F District, Busan, which was called upon 112, to take the fating onto the patrol vehicle, thereby damaging the repair cost to have approximately KRW 508,750,00 of the repair cost by walking off several times by spreading the down fat of the patrol vehicle and the prevention of moisture installed inside the patrol vehicle.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

2. The Defendant interfered with the performance of official duties at the above date, time, and place, arrested the Defendant in a flagrant offender, carried the Defendant on the patrol vehicle, and boomed the above G’s left side and back to the FJ to take the fJ.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to photographs and estimates of damage;

1. The applicable law of criminal facts, Articles 141(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, the choice of imprisonment, and the choice of a sentence;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Criteria for sentencing:

(a) Class 1 crime (Scope of a recommended punishment) basic area (e.g., invalidation and destruction of public goods)

(b) Class 2 Crimes [Scope of Recommendations] : Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and four months): From 6 months to 2 months;

2. The decision of sentence is the first offender.