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(영문) 대구지방법원 2017.10.26 2017고단5047
공용물건손상미수등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 23, 2017, the Defendant, at the first floor emergency room of the C Hospital located in B of the Gyeongdo-si in the Gyeongdo-si, Gyeongdo-si on the ground that he was under the influence of alcohol and was transported to the above hospital due to the 119 first-class vehicle, and was temporarily transported to the above hospital, but he did not refuse medical examination and treatment, was killed and returned to the police officer E and F, who belongs to the D Zone of the Gyeongsan Police Station and was dispatched to the police officer E and F.

At around 22:35 on the same day, the Defendant received a request for returning home from E in front of Magsan, which is a residence, and obstructed the police officer’s legitimate performance of duties concerning the handling of report, etc. by assaulting E by assaulting, such as gue, flag, var’s name, and flabing E with left hand.

2. On July 23, 2017, around 22:35, the Defendant: (a) prevented police officers from assaulting E in front of Grain City, as described in the foregoing paragraph 1; (b) attempted to breae one of the non-electric antennas installed on the right ridge of H 112 patrols, which was parked at the same place, by hand, and did not go through an attempted wind that is not damaged, even if the Defendant attempted to damage by putting one of the non-electric antennas installed on the right ridge of the 112 patrols.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each internal investigation report (in respect of the acceptance of a patrol antenna No. 3 of D, attachment of field photographs, the report of 112 case, etc., and the acceptance of the patrol antenna);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 143 and 141(1) (the point of attempted damage to goods for public use) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence had a record of punishment for the same kind of crime, the crime of this case was repeated, and the police officer who tried to assault the police officer who returned home to the police station by carrying a patrol vehicle and to damage public goods, in light of the applicable law.

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