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(영문) 의정부지방법원 고양지원 2015.02.10 2014고단1494
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On June 28, 2014, around 23:48, the Defendant was asked to present identification cards from C (affiliated with the Goyang Police Station D District) who was dispatched to the site after receiving 112 reports and being called to the site.

Accordingly, E (the Defendant’s daily behaviors) told C to say that “I d. I am h. I am h. the way on which I am h. I am h., and was faced with the police officer F (police officer called together with C). I am h. I am h., and the Defendant interfered with the police officer’s legitimate execution of duties concerning the police officer’s 112 report handling duties.

Around 00:34 on June 29, 2014, the Defendant continued to arrest a flagrant offender at the Goyang-gu Seoul Metropolitan City D District District District of Goyang-gu, Yangyang-gu on the ground that the police officer was unable to wear a neck on the Defendant’s hand, the Defendant: (a) laid down the protective wall on the face of the Defendant; (b) laid down the neck on the H’s face; and (c) obstructed the police officer’s legitimate performance of duties concerning the police officer’s work on the boom-gu’s face, by spiting down the boom-gu on the face of H (the police officer belonging to the lower district) who was subject to removal from H; and (d) 00:4 sound around 0:4.

Accordingly, the defendant interfered with the legitimate performance of police officers F and H's duties, and damaged the protective wall, which is a public object, to the amount equivalent to KRW 1.20,000,000.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made to F and H by the police;

3. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crimes, Article 141 (1) of the Criminal Act concerning the option of imprisonment;

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

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

4. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the safety of citizens.

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