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울산지방법원 2018.03.29 2018고단268
공용물건손상등
Text

1. The defendant shall be punished by a fine of eight million won;

2. 10,000 won where the defendant does not pay a fine.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant was sentenced to the suspension of execution of official duties by the Ulsan District Court for six months, and the judgment became final and conclusive on the 28th of the same month.

1. On January 29, 2018, the Defendant damaged property: (a) at around 02:05, the victim D’s “Ebudio” located in Ulsan-gu, Ulsan-gu, Seoul-do; (b) at the front of the “Ebudio” building; and (c) at the entrance, the Defendant removed one license (the victim’s ownership, and the market price equivalent to KRW 110,000) by hand and damaged it by leaving the floor thereafter.

2. The Defendant interfered with the performance of official duties on the same day, on the grounds that the police officer slope H belonging to the G District Police Station at the G District of the Ulsan-dong Police Station G District located in Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul-do, on the same day was arrested a flagrant offender for the same reason as the Defendant stated in paragraph (1).

“In doing so, I assaulted Earro H’s face once.”

Accordingly, the defendant interfered with the legitimate execution of the police officer's duties to arrest flagrant offenders.

3. The Defendant who damaged public goods on the same day at G District level around 02:50 on the same day: “A police officer” refers to a police officer’s “weaks, scars, scarkes, scarkes, and scark.”

“In doing so, the parts used by public offices were damaged to the extent of 160,000 won of the car repair cost due to the string of the books in which they were expressed.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Written statements of D;

1. Two copies of a written estimate; and

1. Destruction photographs, gate photographs, photographs of damaged parts, photographs of image, and photographs of destruction of public objects by ruptures, entrance and exit photographs;

1. Previous conviction: Application of a reply to inquiry, such as criminal history;

1. Relevant legal provisions concerning the facts of crime, Articles 141(1) (a) (a point of damage to goods for public use), 136(1) (a) and 366 (a point of obstructing the performance of official duties), and the choice of fines (a point of damage to goods) for the reasons of sentencing as follows;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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