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(영문) 서울동부지방법원 2021.01.12 2020고단3575
공용물건손상등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 00:47 October 9, 2020, the Defendant: (a) was asked to leave the area from Song-gu Police Station Dern E and slopeF belonging to Song-gu Police Station Down-gu, which called “C” after receiving a report to the effect that he gets a fright at “C” located in Songpa-gu Seoul, Seoul; (b) was under the influence of alcohol; and (c) was frighted to take a fright to take a fright to take a fright to take the fright to take a fright to take a fright to take the fright to take a fright to take a son at one time at the hand, and was fright to take a knee in the process of arresting an offender; and (d) the Defendant frighted the fright to take a fright face with the left side of the above F on one occasion, thereby hindering the police officer’s legitimate performance of duties concerning the treatment of the report and the arrest of the flagrant offender.

2. On the same day, the Defendant: (a) was arrested as a current offender on the grounds stated in No. 01:20 on the same day, and was going to a police station going on from and going to the G patrol car; (b) followed up the seat, and (c) destroyed the above patrol car so that the market price would be 1,019,413 won of repair costs, such as making the front door door door of the seat and the front door door door door door, and then the seat door is cut off.

Accordingly, the defendant has harmed the utility of goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Vehicles and photographs of victims;

1. Written estimate;

1. Application of Acts and subordinate statutes on cafeteria CCTVs, CDs and caps;

1. Relevant provisions of the Criminal Act, 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, respectively, for the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 crime (Interference with the performance of official duties) (a decision of type);

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