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(영문) 대구지방법원 서부지원 2020.03.23 2019고단2826
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 became final and conclusive.

Reasons

Punishment of the crime

1. On September 29, 2019, the Defendant damaged public goods, as the Defendant was under influence of alcohol at Cmiddle Schools located in Daegu-gun, Daegu-gun, on the ground that the entrance was not opened, and caused three chemical parts around the entrances in favor of the Defendant to damage their utility by destroying three chemical parts equivalent to KRW 300,000 in the market value, which is the Cmiddle School ownership, of KRW 396,00 in the market value, of KRW 396,00 in the market value, and two shocks equivalent to KRW 40,00 in the market value.

2. The Defendant expressed that, at the above date, at the above time and place, the police box of the Daegu Haak Police Station was sent to the police station, after receiving a report of 112 while avoiding the disturbance, the Defendant assaulted the guards E of the police box of the Daegu Haak Police Station, who called “Isn the police station, fals, fals, fals, bals, three fals, bals, bals, bals, bals, fals, fals, and bals, knife, fals, bals, and fals, fals, fals, and fals at one time to the right side of the ship.”

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation reports (verifications as to whether C middle schools are public);

1. Application of each written estimate statutes;

1. Relevant Articles 141(1) and 136(1) of the Criminal Act concerning the crime (a point of damage to public goods), and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that one pens wrongs in depth and compensates for damaged public goods);

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