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(영문) 서울중앙지방법원 2020.02.18 2019고단8321
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On October 12, 2019, around 03:19, the Defendant: (a) caused the damage of property and the damage of a structure; (b) caused the damage to the structure, and (c) caused the damage to the structure under the control of the victim C, operated by the victim C, who was under the influence of alcohol on the roads near Seocho-gu Seoul Metropolitan Government, without any special reason, by roughly cutting off the door door of the D1st floor in his/her hand; and (d) caused the damage to the structure managed by the victim

2. On October 12, 2019, at the same place as indicated in Paragraph 1, around 03:55 on October 12, 2019, the Defendant: (a) tried to ask questions about personal information from police officers of the police box sent out after receiving the 112 report pertaining to the above crime; and (b) did not express his/her personal information.

The reasons why F and G attempted to arrest the Defendant as a flagrant offender was that F and F are the following three times with the background F’s appearance, and the line of slope G was emitted.

Then, after getting on the back seat of the patrol vehicle, the Defendant left the sloping G in his seat with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by the police officers on 112 reporting and arrest of flagrant offenders.

3. The Defendant damaged public goods, as described in paragraph 2, was arrested as a flagrant offender and boarded the patrol vehicle, and then let the front and rear seat installed in the patrol vehicle cut off several fixed pins. The Defendant damaged public goods by falling off the rubber fastening on the front side of the rear seat, which is located in the patrol vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The statement of each police officer made to F and G;

1. Each statement of H and C;

1. The defense counsel to determine the defense counsel's assertion of each photograph and patrol car repair cost, and the defendant is in a state of mental disorder under the influence of alcohol at the time of the instant case.

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