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(영문) 인천지방법원 2015.07.03 2015고단2605
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 became final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2015, at around 03:25, the Defendant obstructed the victim’s taxi business by force for about eight minutes, such as drunkly drinking and blocking the front of the E-si in driving of the victim D (age 45) from the first lane of Han-do in front of the Seo-gu Incheon, Seo-gu, Incheon, the Defendant obstructed the victim’s taxi business by force.

2. On April 9, 2015, around 03:35, the Defendant: (a) was arrested a flagrant offender on charges of obstruction of performance of official duties and damage to public goods at the places indicated in paragraph (1) of the foregoing Article by G, etc. from the police officers belonging to the F District, etc. dispatched after receiving 112 reports that “the Defendant was a taxi engineer,” and was subject to the arrest of a flagrant offender on charges of obstruction of duties, such as obstruction of duties, etc.; (b) took the bath to G, “I must start, I do so,” and, (c) took a breath of G with his hand when he was arrested as a flagrant offender, and continued arrested as a flagrant offender and led to the F Area to the lower part of the patrol car by walking both back door and glass door on the back side of the 22th of the patrol car.

As a result, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of crimes by police officers, and has harmed the utility of public goods to maintain the repair cost of KRW 572,00 for patrol vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or G;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles, photographs of CCTV in the F District, records of processing 112 reported cases, and receipts of automobile repair expenses (H patrol car);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Crimes 1 (Scope of Recommendation and Punishment) within the scope of sentence for recommendation on the sentencing criteria, and types 1 (Invalidity of Public Goods) shall be invalidated and destroyed;

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