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(영문) 춘천지방법원 2015.11.19 2015고단939
공용물건손상등
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

1. On September 14, 2015, at around 21:10, the Defendant damaged public goods, the Defendant received a report from the “C” restaurant located in Switzerland-si B, stating that “the drinking driver would walk the vehicle.” and then, the Defendant, who was sent to the site after having received the report from the slope E belonging to the D Zone of the Chuncheon Police Station D Zone, would have a view to returning the vehicle from the slope E at the site. “I am, Chewing. I am to the police. I am. I am to the police? I am. I am. I am. I am. I am. I am. I am. I am. I are the police? I am. I will walk the F patrolr to the extent of KRW 84,690.

Accordingly, the Defendant damaged patrol cars, which are goods used by public offices.

2. The Defendant, at the time, and at the place specified in Paragraph 1, expressed the words “I see why I will walk the patrol vehicle” from the above E, and expressed her face on the hand floor by “I see this Chewing. I am. I am. I am.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers and crime prevention activities.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Statement to E by the police;

1. Application of the written estimate statutes;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging goods for public use and the choice 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 (The following favorable circumstances in light of the reasons for sentencing);

1. For the reasons for sentencing of Article 62-2 of the Social Service Order Act, Article 62-2 of the Criminal Act: Where the value of the article that has been invalidated or destroyed is minor, the scope of final sentencing according to the increase of multiple crimes shall be limited to the following cases: (a) the mitigation area of category 1 (Obstruction of Performance of Duties/Compulsory Performance of Duties) (Special Mitigation) (Special Mitigation) [Scope of Recommendation] (Scope of Recommendation), the mitigation area (1 to 8 months), the mitigation area (1 to 1 months), and the mitigation area (1 to 1 months) (the special mitigation area).

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