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(영문) 창원지방법원 2020.05.14 2020고단830
공용물건손상등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 15, 2018, the Defendant was sentenced to the violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on November 15, 2018, and on March 6, 2020, completed the execution of the sentence in the Changwon Prison.

1. On March 8, 2020, the Defendant destroyed and damaged the property by leaving the floor of “D” in the Kimhae-si, operated by the Victim B (Y, 61 years of age) on the part of “D”, which was in the Kimhae-si, which was operated by the Victim B (S).

Accordingly, the defendant damaged another person's property.

2. On March 8, 2020, the Defendant assaulted the chest part of the above H on two occasions by drinking, even though the police officer, who was called up after receiving 112 report due to the crime as referred to in the above paragraph (1) at the Kimhae-si E and the front street of the F, who was called up after receiving 112 report due to the crime as referred to in the above paragraph (1).

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

3. On March 8, 2020, the Defendant damaged public goods at the cell of the Kimhae-si Police Station located in 2307 as Kimhae-si, Kimhae-si, Kim Jong-si, 2307, damaged the market price of the goods used by public offices (150 cm, about 150 cm, about 100 cm, about 100 cm in length).

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Each written statement K and B;

1. Each report on investigation;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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