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(영문) 부산지방법원 2015.09.04 2015고단2278
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2015, the Defendant: (a) reported on March 27, 2015, “Dlaundry house located in Busan Northern-gu C at the second floor house; and (b) falsely reported 112, the Defendant was unable to find a gambling site even though the police officer F, a police officer belonging to the E Zone, was dispatched to the site.

Accordingly, F did not discover the facts of gambling,” and the Defendant stated F that “I will see that I will see the Defendant who was in the vicinity of the above site,” and that “I will not see if I will see that I will see that I will see that I will she will she will she will she will she will she; I will not she will she will she be she will she will be she will she will be she will be she will she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will be she will.”

Accordingly, the Defendant assaulted F and interfered with the legitimate execution of duties concerning the handling of 112 reported cases.

2. On March 27, 2015, the Defendant: (a) was arrested in a flagrant offender due to the obstruction of performance of official duties; (b) was transferred to Busan Northern Police Station E district located in the Busan Northern Police Station; (c) the Defendant expressed a bath to “to sing out” a toilet; and (d) dump the handba case in the face amounting to KRW 6,00,000 at the market price attached to the wall.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Legal statement of witness F;

1. The statement concerning F;

1. Investigation reports (12 reported details, etc.);

1. On-site photographs;

1. The Hand-book of a damaged Hand;

1. On-site photographs of gambling reports;

1. 112 Application of Acts and subordinate statutes concerning the reported contents;

1. Relevant Articles 141(1) and 136(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Probation Criminal Act are the first type of obstruction of performance of official duties.

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