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(영문) 창원지방법원 통영지원 2015.12.02 2015고단960
공용물건손상등
Text

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

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

Reasons

Criminal facts

1. The Defendant, while under the influence of liquor around 08:0 on September 22, 2015, was under the influence of alcohol, entered D, which is a female-friendly victim C’s residence (hereinafter omitted), and laid down a storm, cleaning machine, etc. on the floor, and the victim demanded several times to leave the house, but did not comply therewith.

2. On September 22, 2015, the Defendant assaulted the police officers who called to the site after receiving a 112 report to the effect that “under the influence of alcohol”, the Defendant 112 was breading the face of F in the circumstances belonging to the macroscopic police station E zone, such as taking the face as head and walking the scoping, etc., and assaulted the police officers belonging to the same patrol group to fright up the face of G and walk the scubing with the scubing and walking the scoping.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

3. On September 22, 2015, the Defendant damaged the patrol cars used by public offices, such as breaking a glass window equivalent to KRW 150,000,00 of the market price of the patrol car, while arresting a flagrant offender on the street in front of 09:30,00 and moving to the E zone, while moving to the patrol car (H) due to the reasons set forth in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against C, G, and F;

1. Each investigation report (written estimate and written agreement);

1. Application of Acts and subordinate statutes to patrol vehicles photographs;

1. Article 319 (2) and (1) of the Criminal Act, Article 319 (2) and (1) of the relevant Act on the Punishment of Criminal Crimes, Article 136 (1) and Article 141 (1) of the same Act on the Punishment of Criminal Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of obstruction of performance of official duties among the crimes of performing official duties, and punishment against G whose criminal situation is more serious);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The sentencing criteria shall be;

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