2017Gohap64 Damage to Public Goods, Obstruction of Performance of Official Duties

A

The transfer to the court (prosecutions), the prosecution of the public (public trial)

Attorney B, C (State Ship)

July 11, 2017

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

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

At around 22:10 on October 18, 2016, the Defendant: (a) on the front side of Seocho-gu Seoul Metropolitan Government D, the Defendant: (b) 112 reported that he was used by the drunk; and (c) the police officer belonging to the Seocho-gu Seoul Western Police Station Ecom Station, who was called to the scene, boarded the Defendant at the rear seat of the G patrol police station to safely return the Defendant, who was subject to protective measures; and (d) made a conversation with the taxi officer to send the cab to the taxi located near the scene, without any justifiable reason, at the rear seat of the patrol vehicle; and (d) cut the light boom in front of the patrol vehicle so that the repair cost of KRW 194,480 is broken; and (d) the witness F was able to assault the F’s face with the Defendant’s hand.

Accordingly, the defendant damaged the goods used by public offices, and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness F and H;

1. Written estimate of vehicle repair costs;

1. Photographs of damage caused by patrol vehicles, and light-wing photographs used as a criminal tool;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 141(1) of the Criminal Act (a point of damage to public goods), Article 136(1) of the Criminal Act (a point of obstruction of performance of official duties), and selection of each fine.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes Concerning Damage to Public Goods heavier than Punishment)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of punishment by law: A fine not exceeding 15 million won;

2. Determination of sentence: Fines of 6 million won, results of jury verdict, and sentencing opinions;

(a) A verdict of guilt or innocence;

- - Seven persons (nives)

B. Opinions on sentencing

- Imprisonment between six and eight months, two years of suspension of execution: three persons;

- The maximum amount of a fine (10 million won): two fines of two persons: two persons;

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han