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(영문) 의정부지방법원 2019.10.30 2019고단3049
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 공용물건손상 피고인은 2019. 6. 23. 12:06경 의정부시 B 앞 노상에서, 112 신고를 받고 출동한 의정부경찰서 C지구대 소속 순경 D으로부터 “그만 일어나고 귀가하세요.”라는 말을 듣자 “아이 씨발!”라고 욕설하면서 E 순찰차(순24호)의 조수석 뒷문을 발로 1회 걷어찼다.

Accordingly, the Defendant damaged the use of goods used by public offices in a amount of 512,049 won, thereby impairing their utility.

2. The Defendant committed an assault, such as, at the time and place of the entry of Paragraph 1, the time and place of the performance of official duties, stating that “We need to see to see the word, “Isk Hask Hask wk wk wk wk wk wk wk,” and continuously wn the above D to the above D.

Accordingly, the Defendant assaulted a police officer as above and interfered with the police officer’s legitimate execution of duties concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of F, G and H;

1. Application of the Acts and subordinate statutes of the patrol team photograph, investigation report (Submission of a written estimate), and written estimate;

1. Relevant Articles 141(1) and 136(1) of the Criminal Act concerning the crime (a point of damage to public goods), and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years and six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Damage to Public Goods) [Determination of Penalty] Crimes of Obstruction of Performance of Official Duties; [No. 1] Crimes of Destruction or Destruction of Public Goods [No. 1] Nullity of Public Goods (Special Aggravation of Punishment] [Scope of Recommendation and Recommendation] Basic Field; 6 months to 1 year and 6 months;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties). The obstruction of the performance of official duties (Article 1).

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