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(영문) 부산지방법원 2016.04.27 2016고단1026
공용물건손상등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 2, 2014, the defendant was sentenced to a suspended sentence of two years for six months by obstructing the performance of official duties in Busan District Court, etc.

7. 10. The judgment becomes final and conclusive and is still under suspension of execution;

1. On February 4, 2016, around 00:45, the Defendant used a taxi operated by the victim E (58 tax) in front of the D Park parking lot located in Seo-gu Busan, Seo-gu, Busan, demanding the victim to pay the taxi fee, and boomed the flab, and the victim assaulted the victim’s flab on one occasion of drinking a part of the victim’s left left part of the defect reported to the police.

2. On the same day as above 01:20 on the same day, the Defendant: (a) was asked questions from G during the process of carrying out the instant case at the scene after having received a report at around 01:20 on the same day; (b) was able to ask questions about the circumstances of the instant case from G during the police box to the police station; (c) was shaking the breath of the background G; and (d) was assaulted by the Defendant, who was carrying the Defendant on the patrol at the right hand of H one time to walk.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

3. When the Defendant was arrested as a current offender on the grounds of violence, obstruction in the performance of official duties, etc. at the same time and place as above 2 paragraph (2), the Defendant damaged the front door of the patrol car to the extent of 95,000 won by walking the rear door of the patrol car, and thereby, damaged the repair cost to the extent of the rear door of the vehicle to the extent that the 95,000 won of the repair cost of the patrol car, and even after getting on the rear seat of the patrol car, by walking the rear back door of the patrol car, the Defendant, which led to a fall short of the market price attached to the rear window of the vehicle, and thereby, damaged the repair cost to the extent of the repair cost.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. Each police statement made to E, G, and H;

1. Investigation reports (in the situation, etc. at the time of dispatch to the scene), investigation reports (additional investigation into the damaged part of patrol cars);

1. Written estimate;

1. Criminal history, etc.;

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