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(영문) 서울동부지방법원 2020.04.20 2019고단3483
공용물건손상등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On October 9, 2019, the Defendant received a 112 report from “C” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and received a statement from “C to receive money, and assault.” The Defendant expressed a desire to return home from the slope E belonging to the D District Unit of the YY, Seoanbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and carried out two tights and breasts in both hands.

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties concerning receipt and processing of 112 reports.

2. At around 03:20 on the same day, the Defendant was arrested as a flagrant offender suspected of obstructing the performance of official duties and was waiting in the office of the Criminal Team of the Yananananbuk Police Station in 705, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant was accompanied by the police officer’s walking in the above office with the “debris for panel system” equivalent to KRW 51,700, the market price of the above office on the ground that the police officer does not take his/her speech

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reports (for additional crimes committed by suspects, on-siteCCTV verification);

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141 of the Criminal Act and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). [No person who has been forced to perform official duties [No person who has been specially punished] (the scope of recommendation area and recommendation area] basic area, six months to one year and six months [no person who has been punished by imprisonment]

B. Second crime (damage to Public Goods) (Determination of Sentencing) is a crime of obstruction of the performance of official duties.

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