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(영문) 광주지방법원 해남지원 2017.05.11 2017고단68

공용물건손상미수등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On February 12, 2017, the Defendant: (a) received a 112 report that the Defendant was under the influence of alcohol on the cafeteria in front of the C cafeteria located in Namnam-gun, Namnam-gun; and (b) received time expenses from the police officer E affiliated with the police box of the Southern Police Station, who was urged to return home from the police officer E who was called “I amb and I ambly.” On February 12, 2017, the Defendant got aboard the F Hastna car, the patrolr No. 32 of the above patrol, and went off once a week with the driver’s seat door even.

Accordingly, the Defendant attempted to impair the utility of the patrol police station used by the above patrol police box, which is a public official assistant.

2. The Defendant obstructed the performance of official duties at the above date, time, and place, and was removed from the above E (33). As such, the Defendant: (a) fluored the above E’s luor damages; and (b) fluordd the breast part of the chest, one stop-ro.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reporting duties under the above E E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. One CD in the field of related photographs, related photographs (CCTV and video fashion), CCTV and video files;

1. Investigation Report (in relation to the situation at the time of withdrawal No. 1152 of the report, attaching CCTV and video images to the Act and subordinate statutes);

1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (the attempted crime of damaging goods for public use) concerning the selection of punishment, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Violation of obstruction of performance of official duties / [Scope of recommended punishment / [Interference with Execution of Official Duties / [Obstruction of Performance of Official Duties / Forced ] mitigated area (one month to eight months] mitigated area (person with special mitigation]

(b) Application of standards for handling multiple crimes: Imprisonment with prison labor for not less than one month (the crime for which the sentencing criteria are set);