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(영문) 인천지방법원 2016.08.26 2016고단4652
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 20, 2013, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law at the Seoul High Court on June 20, and completed the sentence on August 19, 2014.

1. Around 10:50 on July 10, 2016, the Defendant: (a) received a report from the Defendant from the Defendant on the front side of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) was urged by the Defendant to return home from the police station C Dop of the Incheon Samsan Police Station C Gyeongsan, Incheon, to return home from the Defendant; and (c) was assaulted by the Defendant at one time at the left chest of D due to drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. The Defendant damaged public goods at the above date, at the above place, destroyed the repair cost of KRW 567,719 by putting the main set of the F police vehicle D and F police vehicle operated by Samsan Police Station C District of Incheon, and the police vehicle operated by Samsan Police Station E one time with the Defendant’s cell phone, at the above time and place.

Accordingly, the defendant damaged the police vehicle, which is a public object used by the Incheon Samsan Police Station C District of the Incheon Police Station, which is a public object, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Previous conviction: Application of Acts and subordinate statutes, such as inquiry about criminal history;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the selection of fines) concerning criminal facts, and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the selection of fines);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good, the Defendant’s act was significantly hindered in performing public duties by the police as the Defendant’s act, and the Defendant committed the instant crime during the period of repeated offense, and the nature and circumstances of the crime are somewhat minor.

Although it is not possible to do so, the defendant recognizes all of the crimes and is against this law.

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