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(영문) 제주지방법원 2020.10.30 2020고단1610
공용물건손상등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 8, 2018, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties by the Jeju District Court on November 8, 2018 and is currently being suspended from execution.

【Criminal Facts】

1. On June 26, 2020, at around 23:30, the Defendant damaged public goods, fices a horse that cannot be known within the C District located in Jeju City B, and then, crods installed on his own hand or 19 related carcass were destroyed by the Defendant’s damage.

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

2. On June 26, 2020, the Defendant: (a) destroyed a cream as described in paragraph (1) on the street, following the e-mail shop located in Jeju Island D; (b) escaped, but was arrested as a flagrant offender; (c) and (d) the Defendant would wish to go to a toilet after being transferred as a c district located in Jeju City; and (d) accompanied with the c district located in the c district located in Jeju City; (b) caused the Defendant to go to the toilet; and (c) caused the Defendant to go to the toilet by carrying the cream of the said c district to go to the toilet; and (d) caused the said F to go to the cream of the said c district on one occasion by hand, who was solicited by

As a result, the defendant interfered with the legitimate execution of police officers' criminal investigations.

Summary of Evidence

1. Application of the Act and subordinate statutes to the defendant's legal statement F, a written statement related to G, a photographic, and a criminal investigation report (a photograph taken on the damaged part);

1. Relevant Article 141(1) of the Criminal Act and Article 136(1) of the Criminal Act (the occupation of damage to public goods and the choice of imprisonment), the choice of punishment for the crime (the occupation of obstruction of performance of official duties and the choice of imprisonment);

1. Among concurrent offenders, the crime of this case was committed during the suspension period of execution due to the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the nature of the crime of this case is poor, the defendant's mistake is recognized and reflected, the police officer expressed his intention not to punish him, and other factors of sentencing as indicated in the records and arguments of this case, including the defendant's age, character and behavior, environment, means and result of the crime, etc., are considered as a whole.

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