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(영문) 대전지방법원 천안지원 2016.10.13 2016고단1561
공용물건손상등
Text

A defendant shall be punished by imprisonment for six 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 July 26, 2016, the Defendant damaged public goods: (a) around 04:33, 2016, before the police box located in Dong-gu, Dong-gu, Chungcheongnam-gu; (b) on the ground that the police officer assigned to the said police box would have the Defendant file a request for assistance by carrying out a trial expense to a substitute driver while under the influence of alcohol; and (c) on the ground that the police officer assigned to the said police box would have the Defendant file a request for assistance, the Defendant damaged the patrol vehicle, which is a public goods used by the public office, by throwing around three times the back part of the patrol police box parked in the said box, on the ground that he would have the Defendant file a petition.

2. The Defendant interfered with the performance of official duties by assaulting a police officer’s legitimate performance of duties in relation to the police officer’s internal service, etc., on the following grounds: (a) at the time and place specified in paragraph (1) of this Article, the Defendant was under the influence of alcohol, with the face of the police officer E, who was under the control of the Defendant, was able to escape from the Defendant’s family at one time; and (b) in the process of continuing arrival of the Defendant’s family members, without any reason, during the process of attempting to take the Defendant’s family in his/her family.

Summary of Evidence

1. Defendant's legal statement;

1. Each description of the F and E police officers' statements;

1. Statement of a vehicle estimate;

1. Application of the video Acts and subordinate statutes to photographs of damaged vehicles;

1. Article 141 (1) of the Criminal Act ( point of damage to public goods) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment stipulated for the crimes of obstruction of performance of official duties against police officers F, of which the punishment is heavier, shall be imposed);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for injury to public goods heavier than punishment);

1. Article 62(1) of the Criminal Act (The following conditions of sentencing shall be taken into account).

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