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(영문) 광주지방법원 해남지원 2016.07.14 2016고단161
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant damaged public goods: (a) was written in the indictment on May 9, 2016, stating that the Defendant was on board the police box B of the Dondo Police Station B, and on the E patrol vehicle operated by Dondo Police Station D, and was written in the indictment on May 9, 2016, as it appears to be a clear clerical error in the 2015.5.9; (b) thus, the Defendant was on the parking lot in front of the police box B of the Dondo Police Station B, which was located in the military F, around 02:30, around the 02:30, and without any justifiable reason, the Defendant would throw away all the flab from the foregoing police officers to the scar and their family members.

"Abundling the windows of patrol vehicles with the view of "hing the glass of the patrol vehicles" was damaged in a way that the patrol vehicles, which are public objects, are damaged in a way that the repair cost of 9,000 won.

2. When the Defendant was arrested as a flagrant offender under the circumstances C due to the crime of damage to public goods at the time, time, and place described in paragraph 1, the Defendant: (a) expressed to the Inspector C the desire to “this erogena”; (b) took the back of the past C one time, and continued to have the food to the Inspector C.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Written estimate;

1. Photographs of the patrolr;

1. Application of Acts and subordinate statutes to investigation reports and investigation reports (including CDs as to the facts of damage to the patrol box, patrol box, etc.)

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) of the Criminal Act (a point of obstructing the performance of official duties) 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Damage to goods for public use (the scope of a recommendation) shall be the basic area (from June to June) of the first type (the invalidation of goods for public use).

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