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(영문) 수원지방법원 2020.07.23 2020고단3003
공용물건손상미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on March 7, 2020, the Defendant was arrested as a flagrant offender by the police officer belonging to the Cheongju Police Station E Zone E Zone E group of the Cheongju Police Station called upon receipt of a report on 112.

1. On March 7, 2020, the Defendant was arrested as a flagrant offender under the suspicion of assaulting D, etc. in the E-district group of the Cheongju Police Station in the Cheongju-si, Cheongju-si, G, and brought to the Defendant for investigation. On March 7, 2020, the Defendant was able to walk one time at the back of the backline of H’s backline of the police officer belonging to the said E- Zone, and was frighted to the said H.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

2. While the Defendant was under investigation of the charge of assaulting D, etc. at the time, time, place, etc. set forth in paragraph (1), the Defendant attempted to damage his or her books, strawers, monitors, and monitors to walk, but did not cause any damage to the said articles. However, the Defendant did not commit an attempted crime without being destroyed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to an investigation report (investigation into attempted damage to public goods), and to attachment of images submitted by the victim H to an investigation report;

1. Relevant legal provisions concerning facts constituting an offense, Articles 143 and 141(1) of the Criminal Act ( point of attempted damage to public goods), Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has exercised force to police officers without being aware of the fact that he/she was arrested and investigated in the act of assault.

However, the fact that the defendant shows an attitude to recognize and reflect all the mistakes.

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