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(영문) 의정부지방법원 2015.05.22 2014고단3262
공용물건손상등
Text

A defendant shall be punished by imprisonment for six 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

On September 16, 2014, the Defendant received a request from police officers E belonging to the House District of the Gu Police Station, a police officer E belonging to the Gu Police Station, who was dispatched after receiving 112 report while cutting down 61,000,000, 61,000, 61,000, 61,000,000, 300,000,000.

Accordingly, the Defendant stated to the above E that “I am off and cut off the match,” and sent the F patroler’s left side parked at the same place as drinking and launching, and received the part of E from the head by walking the part of E on one occasion by walking.

As a result, the Defendant damaged the above patrol vehicles used by public offices to be 105,000 won for repairing expenses, such as exchange of money between them, and interfered with the legitimate execution of duties of police officers concerning the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A police investigation report (40 pages of the investigation records) and estimates;

1. Application of the photographic Acts and subordinate statutes;

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

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 range of final sentence according to the aggravated punishment that has no basic area (6 to 1.6 months) of category 1 (the invalidation of public goods) (the scope of recommending punishment) of category 1 (the invalidation of public goods) of the Act on Probation and Social Service, and Article 62-2 of the same Act: The range of final sentence due to the aggravated punishment that has no basic area (6 to 1.6 months) (the scope of recommending punishment): the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the special person) of category 1 of the Act on the Suspension of Performance of Duties: the range of sentence compared to the aggravated punishment of two months and two years: the imprisonment for six months and two years (the decision of sentencing), the suspension of sentence for two years, probation, community service, and the normal area unfavorable to 160 hours: there is no damage restoration to police vehicles, which are the public goods and the damaged police vehicles.

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