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(영문) 서울남부지방법원 2016.09.09 2016고단3134
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2016, around 15:50, the Defendant: (a) escaped on the front side of the apartment complex located in Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 57-gil 36,000; (b) was arrested in the act of committing a crime at the front of the apartment site; and (c) was on board the back seat of the patrol vehicle in Seoul Gangseo-gu Police Station B by the slope C, etc. belonging to the Seoul Western Police Station B, and was charged with approximately 120 meters of the patrol car in the atmosphere by selling it to drinking and head.

Accordingly, the Defendant damaged the patrol car, which is a thing used by public offices.

2. When the Defendant was arrested in an act in the line of duty at the date and time, at the place specified in paragraph 1, and was arrested as stated in paragraph 1, and 71 was on board the patrol vehicle, the Defendant was faced with the riot, such as the patrol vehicle, and the victim D (55) who was a guard belonging to the Seoul police station B police station in Gangseo-gu Seoul, Seoul, to control the Defendant, and to police officers, including the victim, “the police kis, and bad kis by the police officers,” and the victim’s left the left part of the victim’s left part as his hand, and the victim was in a check that the victim was in need of medical treatment for about a week.

As a result, the defendant interfered with legitimate execution of duties by police officers regarding suppression and investigation of crimes, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, F, D, and G;

1. Application of the Acts and subordinate statutes, such as photoficials and photoficials damaged by damaged public goods in front of the preceding D branch;

1. Article 141(1) of the Criminal Act (the point of damage to goods for public use) of the relevant Act on criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Whether the sentencing criteria are applied;

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