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(영문) 수원지방법원 2017.05.26 2016고단7329
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2016, the Defendant: (a) finds a place under the influence of alcohol before the D kindergarten operated by the victim C, located in the 09:30 on August 22, 2016, and (b) calls for E, a teacher of the said kindergarten, who is a teacher of the said kindergarten; (c)

The term "years" and the term "years" interfered with the operation of the victim's kindergarten for about 10 minutes, such as neglecting his/her behavior.

2. The Defendant interfered with the performance of official duties, upon receiving a report from 112 on the date, time, place, and 112, who was dispatched to the site, and confirmed the personal information of the Defendant, by G during the police box belonging to the Dong-dong Police Station, G Ha and Ha, who was employed by the Defendant, and notified the Defendant of the doctrine of disturbance, and committed assault, such as taking four times the buckbbbbbbs of the said J, by walking the Defendant at the patrol site, by checking the personal information of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

3. The Defendant damaged public goods on the date and time, at the place specified in paragraph (1) and at the same time, arrested the Defendant as the current offender on the same ground as Paragraph 1, and then, attempted to board the Defendant on the back seat of the patrol box affiliated with the police box affiliated with the Gandong Police Station affiliated with the Gandong Police Station, and thereby, damaged the above patrol vehicle by walking the back part of the said patrol vehicle four times, thereby damaging the repair cost of KRW 605,000.

Accordingly, the Defendant damaged public goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. A written statement of C, E, and H;

1. Application of Acts and subordinate statutes to field photographs and estimates;

1. Article 141(1) of the Criminal Act applicable to the facts constituting an offense (a point of damage to goods for public use, choice of imprisonment), Article 314(1) of the Criminal Act (a) (a point of interference with business, choice of imprisonment with prison labor), Article 136(1) of the Criminal Act (a) (a point of interference with the performance of official duties, choice of imprisonment with prison labor)

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;

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