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(영문) 인천지방법원 2018.03.29 2017고단9175
공용물건손상미수등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On August 20, 2017, the Defendant: (a) around 02:10 on August 20, 2017, within the office of the watch keeping service of the Incheon Southern-dong Police Station C, located in 668, Namdong-dong, Incheon, Namdong-gu, Incheon, and without hearing the horses of police officers who guide the process of the instant case, and, (b) under the influence of alcohol, received the instant case.

Magrax.

The phrase " has been repeated by continuing to repeat the word, and the monitors on the book have been cut off by hand.

Accordingly, the Defendant attempted to harm the utility of things used by public offices.

2. The Defendant obstructed the performance of official duties at the time and place specified in paragraph 1, and caused the act, such as the act described in paragraph 1, thereby resisting that the Defendant was trying to arrest the Defendant as a current offender C at the Southern East Police Station C and the victim D (29 tax) who is the police officer affiliated with the Incheon Southern Police Station, and assaulting the Defendant at one time on the left face of the victim by her hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (the suspect's visit circumstances and words);

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (the attempted crime of damaging goods for public use) concerning the selection of punishment, interference with the performance of official duties (Article 136(1) of the Criminal Act), and selection of fines, respectively;

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. In light of the contents of the instant crime, etc. committed by the police officer by avoiding disturbance, monitoring a public object, and assaulting the face of the police officer within the police station with the reason of sentencing under Article 334(1) of the Criminal Procedure Act, it is not good to commit a crime, and considering the fact that the Defendant has already been punished twice for the same type of crime, such as injury, assault, damage of property, etc., the Defendant should be punished strictly.

However, the defendant repents his mistake at present.

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