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(영문) 창원지방법원 2015.12.23 2015고단2577
공용물건손상등
Text

A defendant shall be punished by imprisonment for 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. Damage to property;

A. On September 5, 2015, at around 08:40 on September 5, 2015, the Defendant damaged the victim’s property by using the Defendant’s automobile keys in front of the “D” Manhae-si, which was in possession of the Defendant’s vehicle keys, and destroying the victim’s property so that the amount equivalent to 878,304 won is equal to impulged repair cost by melting the front unit of the E-car and the lower bottom of the front glass.

B. The Defendant suffered property damage against the victim F, and subsequently, damaged the victim’s property by plucking, plucking up, plucking up to the right side of the G car of the victim F, which was parked in the vicinity of the said vehicle as the key to the said vehicle, and plicking up to the right side of the vehicle of the victim to the opposite direction, and plicking up to the repair cost of KRW 601,368.

2. At around 09:00 on the same day, the Defendant: (a) arrested a police officer belonging to the H Zone as a flagrant offender, who was reported to engage in the act referred to in paragraph (1) on the said road; and (b) was arrested as a flagrant offender; and (c) flaped to the back seat of the patrol vehicle No. 31 of the Kim Sea Police Station (JYF). The Defendant flaped and flaped the left back of the patrol vehicle using the key of the said vehicle.

Accordingly, the Defendant damaged the goods used by public offices.

3. At around 09:10 on the same day, the Defendant: (a) expressed that he damaged the patrol car windows as above at the above place; (b) was intending to restrain the above patrolman from doing so; and (c) took a bath, “I ambling, I am dead, I am dead, I am dead,” and (d) cut off the victim’s chest with his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, F, and I;

1. A written estimate for an investigation report;

1. Application of statutes, such as photographs of damaged vehicles;

1. Article 366 of the Criminal Code (the point of causing the destruction and damage of property) of the corresponding law on criminal facts.

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