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(영문) 수원지방법원 성남지원 2018.07.13 2018고단956
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 21, 2018, the Defendant: (a) dispatched a juvenile delinquency 112 report at a small park located in Sungnam-gu Seoul Special Metropolitan City B 634 on April 21, 2018; and (b) was urged to return home from the police officer B, the police officer of the Sungnam Police Station B, the Sungnam Police Station B, which served as a police officer belonging to the Sungnam-gu Police Station B, which served as a police officer for the said police officer; and (b) committed assault by the said police officer once in good faith.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant damaged public goods at the time and place indicated in paragraph 1, on the ground that he was arrested as a current offender and detained on the facts arrested inside the front seat of the patrol vehicle in order to prevent any disturbance, and that the Defendant damaged the above patrol vehicle, which is an object used by a public office, by making the left door of the back door of the front seat unfolded so far from the inside and outside of the vehicle so as to keep up about 30 meters of walking so far as it is difficult to see the left door of the rear seat, and the difference between the rear door of the vehicle and the body difference.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E, F, G, H, and I;

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

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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 (The following favorable circumstances):

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order are that the defendant's sexual convictions are two times more disadvantageously.

However, considering the fact that the defendant led to the confession of each of the crimes in this case, the degree of interference with the execution of official duties and damage to public goods is relatively minor, and other circumstances under Article 51 of the Criminal Act, the punishment as ordered shall be determined as per Disposition.

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