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(영문) 수원지방법원 안양지원 2014.11.21 2014고단1563
특수공용물건손상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

1. On October 3, 2014, at around 02:13, the Defendant: (a) committed theft by driving the said car managed by the victim, while leaving a Franchising amounting to KRW 21 million in the market price of the victim E in front of the D convenience store located in Sungsung-si, Seosung-si; and (b) driving the said car managed by the victim of convenience store.

2. Damage to special public goods and special obstruction of performance of official duties: (a) around 06:00 on October 3, 2014, the Defendant: (b) while operating a stolen vehicle as described in paragraph (1) in the vicinity of the balking Hayang-gu Yan-gu, Annyang-gu, Police Station G Zone G District, which was dispatched after receiving a report of the stolen vehicle; (c) failed to comply with the order of stopping issued by H; and (d) went away from the entrance of the G District under the jurisdiction of the same Gu; (c) when the vehicle was driven by I while the vehicle was under the influence of the said Gu, the vehicle was driven by the Defendant’s driver, following the vehicle patroled by I while driving a stolen vehicle, from the back of the balth of the balth of the balth of the vehicle to the subsequent balth of the latter.

Accordingly, the Defendant, carrying dangerous goods, damaged patrol cars, which are public goods, for the sum of 3,232,986 won, and assaulted police officers I to perform legitimate duties concerning 112 reported processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of I and E;

1. Application of the written estimate statutes;

1. Article 329 of the Criminal Act, Articles 144 (1) and 141 (1) of the Criminal Act (a point of damage to public goods), Articles 144 (1) and 136 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (the scope of recommending punishment)

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