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(영문) 창원지방법원 2015.07.09 2014고단2027
공용물건손상등
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 became final and conclusive.

Reasons

Punishment of the crime

1. At around 03:40 on June 27, 2014, the Defendant: (a) was under the influence of alcohol on the road front of the convenience shop in Seongbuk-gu, Changwon-si; and (b) was sent back to the floor, the Defendant: (c) heard the statement to return home from E in the process of the police box belonging to the Changwon-gu Police Station D commander of the Changwon-gu Police Station called “the police officer was assigned to the police station; and (d) the head of the drinking gu.” Upon receipt of a report on the subject in another field, the Defendant damaged the police patrol vehicle’s gate, which is an object used by a public office, by closing the door of the said patrol vehicle in order to get aboard the scene and send it to the site.

2. The Defendant interfered with the performance of official duties in relation to the above E’s handling of reports by assaulting the E, such as making one time and hand a police uniform with the left side of the said E, when E was going to move out from the patrol car at another site, and as such, he interfered with the legitimate performance of official duties in relation to the above E’s handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Photographs of a police officer;

1. Application of Acts and subordinate statutes to patrols, booms, and estimates;

1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are crimes No. 1 [the scope of recommendation] for the reasons for sentencing under Article 62(1) of the Criminal Act, and crimes No. 2 for which no basic area (6 to 1 year and 6 months) exists (the scope of recommendation [the scope of recommendation] for the obstruction of performance of official duties. The basic area (6 to 1 year and 4 months) for the obstruction of performance of official duties (the obstruction of performance of official duties) and the basic area (6 to 1 year and 4 months) [the special person] for the aggravation of multiple crimes: 6 to 2 years [the decision of sentence] for the defendant under the influence of alcohol.

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