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(영문) 전주지방법원 2021.03.24 2020고단1744
공용물건손상
Text

A defendant shall be punished by imprisonment for four 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

At around 02:45 on June 21, 2020, the Defendant: (a) obstructed the said taxi in front of the said taxi in front of the said taxi in front of the front city B, and (b) took a bath to E, a police officer belonging to the D District of the relevant district police station in front of the said district, who was dispatched after receiving 112 a report; (c) was arrested as a crime of insult, and was arrested as a flagrant offender and was on board the back of the said district; and (d) at this time, the Defendant damaged the patrol car used by public offices so that the lower part of the 57,420 won repair cost of the said patrol car would be filled up.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (related to a vehicle estimate and written confirmation);

1. Relevant Article 141 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds shall be taken into account for the reasons of sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. Scope of the recommended punishment according to the sentencing guidelines [type determination] of a crime interfering with the execution of official duties, [type 1] invalidation of public goods (special sentencing person] - mitigated factors: Where the value of the goods that have been destroyed or lost is insignificant: where the area of the recommendation and the scope of the recommended punishment [the area of the recommendation and the scope of the recommended punishment] mitigation area, one month to eight months [the person who is subject to general sentencing] - Where the goods whose invalidation has been destroyed have been destroyed have been restored;

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

Although there was a history of punishment for obstructing the performance of official duties, the defendant, while drinking, took a bath to police officers who are public officials and damaged patrol cars which are public objects.

It is necessary to strictly punish the act of damaging public goods in order to publicly announce the public authority of the State and to establish the legal order.

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