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(영문) 광주지방법원 2015.10.22 2015고단3285
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 26, 2015, the Defendant: (a) around 22:30 on the street in front of the Korea Cadastral Survey Corporation located in Gwangju Northern-gu, 50; (b) was under influence of alcohol, and the driver B and the Si guard work in front of the Korea Cadastral Survey Corporation; (c) was affiliated with the Gwangju Northern Police Station C District District of the Gwangju Northern Police Station, which received the 112 report and called “the reporter does not want the receipt of the case, because the case is insignificant and the reporter does not want the receipt of the case; and (d) was hicked to hear the horses that “the reporter goes back to his house, and returned to his house,” and hicked him to read “the opening.” (c) 22:30 on May 26, 2015.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of the case.

2. On May 27, 2015, around 02:14, the Defendant damaged public goods within the Gwangju Northern Police Station and the protection detention room located in Seo-ro 172, Seo-gu, Gwangju Northern-gu, Gwangju, in order for the Defendant to remove a tree of a portable toilet installed at that place to “if he/she has to enter and leave, or if he/she has to send him/her out, and if he/she is arrested and detained as an flagrant offender due to the above criminal facts, he/she destroyed the equipment to cover repair costs by breaking up a tree even in a portable toilet installed at that place, and then cut off the door so that he/she can cover repair costs.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Each statement of B and E;

1. Each investigation report, the place where the person works in the detention room, and the application of Acts and subordinate statutes governing the act of disturbance in the detention room;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Articles 136 (1) and 141 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The Defendant’s respective crimes of this case with the reason for sentencing under Article 62(1) of the Criminal Act are obstructing the police officer’s performance of official duties.

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