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(영문) 서울동부지방법원 2019.10.17 2019고단2566
모욕등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 2019, around 21:46, the Defendant engaged in obstruction of performance of official duties, on the front side of the building B in Gwangjin-gu Seoul Special Metropolitan City, “On the front side, the Defendant: (a) expressed a desire to request the victim D, who is the police box affiliated with the police box of the Gwangjin-gu Police Station, dispatched after receiving 112 report, to return home from the above police box D while the Defendant continued insulting act; and (b) assaulted the victim D, who was the police box affiliated with the police box of the Gwangjin-gu Police Station

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. In around 00:00 on August 1, 2019, the Defendant damaged public goods, on the ground that the Defendant did not release the Defendant from the room of the second floor of the Gwangjin-gu Seoul Special Metropolitan City Jinjin Police Station 167, in his/her hands, he/she opened the repair unit inside the above detention room in his/her hand, which was opened in his/her hand and connected with the repair unit, so that the Defendant would remove KRW 787,000 of the repair cost as he/she was laid in the glass door of the detention room, and then damage the repair unit installed inside the detention room of the second floor of the same police station at around 00:52 on the same day, the Defendant destroyed the repair cost of KRW 787,00,000 by removing the repair unit installed inside the above protection room of the second floor of the same police station as his/her hand, and letting water flow out from the drain destroyed by launching.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of investigation report (in the event of a criminal suspect committing a crime, attachment of ctv video), printing data from the detention room 5 room, ctv video printing data from the detention room, cctv video printing data from the detention room, ctv video printing data from the detention room, photograph of the suspect protection room, and written estimate of the damaged repair unit.

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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