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(영문) 대구지방법원 포항지원 2018.11.15 2018고단1165
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 8, 2018, the Defendant interfered with the performance of official duties, from the street in front of the Southern-gu, and the “C” restaurant, “A” on the vehicle in which a male can drink and enjoy on the roadway.

“A police officer of the coastwise Police Station D police station affiliated with the coastwise Police Station D police station, who was called upon 112, solicits a police officer E to have a criminal defendant under the influence of alcohol and to return home, “I are the police officer, Da. S. police officer,”

Before the patrol vehicle, E gets on board the patrol vehicle, and E gets off 2 to 3 times the window of the driver’s seat with drinking, and walking the door even by scam, etc.

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

2. The Defendant damaged public goods at the time, time, and place set forth in the above paragraph (1) above, and took a bath for the police officers called out after receiving 112 reports as above, and broken down the driver’s seat of Fabbur Don Don Don Don-gu, the Police Station of the Southern Port Police Station E boarding by the police officers.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (on-site conditions and details of arrest);

1. Application of Acts and subordinate statutes to patrol pictures;

1. point of obstructing the performance of official duties in accordance with relevant provisions of the Criminal Act concerning facts constituting an offense: Article 136(1) of the Criminal Act which damages goods for public use: Article 141(1) of the Criminal Act;

1. Selection of each selective fine for punishment (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the contents of each of the instant crimes, which committed violent acts against police officers who assisted the defendant who was under way on the road by taking advantage of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, there are a large number of criminal records punished by imprisonment, suspension of execution, fine, etc. including the records of violent crimes.

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