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(영문) 인천지방법원 2020.09.11 2020고단4959
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 30, 2020, the Defendant damaged the property by making it difficult for the Defendant to take on the street in front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to make home incombustible, and by making twice the pentM6 driver’s seat of the victim C, which was installed at the same time, pent the pentle of the pentM6 driver’s seat, and then breaking the property in order to make the repair cost difficult.

2. The Defendant was in response to a police officer’s demand for voluntary movement upon receipt of a separate report of 112 domestic violence, and was accompanied by the patrol vehicle before the police box in the Incheon Bupyeong-gu Incheon Bupyeong-gu.

At around 23:40 on April 30, 2020, the Defendant, on the ground that it was not known, damaged the said patrol vehicle to make the repair cost amounting to KRW 258,576 on two occasions after the G patrol car parked in the above place, and the price was 258,576 on two occasions after the G patrol car was parked in the above place.

3. On May 1, 2020, the Defendant engaged in obstruction of performance of official duties: (a) on the same ground as indicated in the foregoing paragraph (2), and was arrested and taken into custody of a flagrant offender inside the said police box on the grounds as indicated in the foregoing paragraph (2), and continuously engaged in violent conduct, such as having him go beyond the CCTV monitors kept in the said police box by scambling the books attached to the said police box; and (b) the police officer assigned to the said police box tried to restrain the police officer from doing serious abusive acts; and (c) assaulted the police officer, thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. C’s statement;

1. Written estimate for checking and maintaining motor vehicles;

1. Application of statutes on damaged articles and photographs of victims;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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 of the community service order;

1. Legal penalty;

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