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(영문) 인천지방법원 2018.05.31 2018고단1873
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 23, 2018, the Defendant: (a) at around 02:00 on February 23, 2018, the Defendant does not pay the drinking value under the influence of alcohol at “D main points” operated by the victim C in Seo-gu Incheon Metropolitan City.

In order to avoid disturbance, it interfered with the main business of the above victim by means of sound and the desire for the victim to understand the victim.

2. Damage to public goods and insult Defendant was arrested in flagrant offenders for the same reason as described in paragraph 1 and was brought to the FF district in Seo-gu Incheon.

피고인은 2018. 2. 23. 02:37 경 위 F 지구대에서 자신이 체포되어 있는 상황에 대해 불만을 품고 지구대 내에 설치되어 있는 시가 50,000원 상당의 ‘ 피의자 보호석’ 안전 기둥을 발로 차 손괴하고, 그 자리에 위 C 등 수명의 사람이 있는 장소에서 피해 자인 경찰관 G에게 “야 이, 똘마니 새끼야 이리로 와 봐, 이 씨 발 새끼야, 두고 보자 ”라고 소리쳐 공연히 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. A complaint filed for G production;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a point of damage to goods for public use), Article 314(1) of the Criminal Act (a point of interference with business), Article 311 of the Criminal Act (a point of insult) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

B. Where the value of the article that has been invalidated or destroyed is minor in the mitigated area (one month to eight months) (i.e., the special mitigation person) of the mitigated area (i.e., the value of the article that has been invalidated or destroyed, the scope of final sentencing due to the increase of multiple crimes: not less than six months (in the case of each of the above crimes for which the sentencing guidelines are set and the offense of insult that has not been set).

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