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(영문) 수원지방법원 안산지원 2017.06.14 2016고단4166
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 1, 2016, the Defendant interfered with the performance of official duties at D secondary schools located in Sinsi-si C around 12:25 on November 1, 2016, entered into the school beyond the above school entrance to meet children under the influence of alcohol, and subsequently, took actions such as smoking tobacco in front of the entrance, and making a horse to female students under sports classes. Accordingly, the Defendant was asked by the victim E (46 years) who is an athletic teacher of the above school to ask questions about the course of school visits from the victim E (46 years) who is the above school teacher of the above school about the apprehension of the student’s apprehension, whether the victim “A” himself/herself follows:

Before doing so, it is necessary to see that the victim's right hand is click, and assaulted at the victim's right hand, and interfered with legitimate execution of duties concerning the education of teachers and school management.

2. When the Defendant was arrested as an offender from G, etc. belonging to the F District of the Si-Yan Police Station F District and sent to the site upon receiving a report of 112 by assault as mentioned above at the time, time, and place mentioned in the above paragraph (1), the Defendant was parked in front of the above school entrance.

H Dan-Wurn Shet Sheet Sheet (No. 22) damaged objects used by public offices to be 313,500 won in the market value of the vehicle repair cost by launching back back the back part of the vehicle of the vehicle patrol vehicle (No. 22).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and E;

1. Application of written estimate of general repair costs to statutes;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties) 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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended punishment in accordance with the sentencing guidelines - the crimes - the crimes 1 [the scope of the recommended punishment] are invalid and destroyed. The mitigation area (one month to eight months) is mitigated (special mitigation factors).

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