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(영문) 대구지방법원 서부지원 2021.02.08 2020고단3002
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 13, 2020, the Defendant interfered with the performance of official duties, in the C police station located in Daegu, Daegu, Daegu, C police station, and in the police station D ( South, the age of 21) posted at the police station for the boundary of the police station and for the guidance of the civil petitioner, etc., “D (the age of 21) is not located outside the police station.”

“Along with the sight, the bridged part of the police officer’s breath by hand was flick, and then, the flick part of the above police officer’s chest, which entered the building of the above police station and directed the Defendant in the corridor, was flicked by drinking.

As a result, the defendant interfered with police station boundaries of police officers and guidance for civil petitioners.

2. At the time of the day specified in paragraph 1, the Defendant, at the above C police station, left the automatic glass door installed in the entrance in order to enter the police station building as above, and went away from the day below the lower part of the vehicle by walking the door strongly.

Accordingly, the defendant damaged the above glass door, which is a public object managed by the above police station, to be the repair cost of 110,000 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV photograph estimates statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the first offender, the police officer who suffered damage does not want the punishment of a defendant, the compensation of damaged public goods, and the fact that it appears difficult

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