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(영문) 의정부지방법원 고양지원 2017.01.20 2016고단3391
공용물건손상등
Text

A defendant shall be punished by imprisonment for six 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. On August 15, 2016, around 06:55, the Defendant damaged public goods so that the repair cost is KRW 220,000,00, by throwing plastic chairs on the front glass of the D patrol car belonging to the Seoul Police Station in the Gyeonggi-do, Gyeonggi-do, Seoul-gu, Seoul-do, Seoul-si, and destroying them.

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

2. The Defendant interfered with the performance of official duties, injury, and insult at the above time, at the above place, and for the foregoing reasons, in the presence of many citizens, such as the defect F, etc., where the slope E belonging to the Gyeonggi Police Station C District of the Gyeonggi Police Station intends to arrest the Defendant as a flagrant offender, whether the said E is a fluort with the snow flusing. The inside is lower than one, and the flusing flus, a new shoulder, a bottle, and a flus, a flus, a flus, a flus, flus, of a flus,

씨 발 놈 아, 한판 붙어 볼까 ”라고 욕설을 하고, 주먹으로 위 E를 향해 휘둘러 몸통 부위를 수회 때리고, 발로 E의 오른 쪽 다리를 수회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties regarding the suppression and prevention of the above E crime, and at the same time, the Defendant inflicted injury on the victim E, such as the impairment of a shoulder that requires treatment for about 10 days, and made a public insult of the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and F;

1. A H statement;

1. Statement of opinion;

1. Complaint;

1. Deposit sheet;

1. Application of statutes concerning damaged vehicles and photographs of damaged parts, and the fieldCCV photographs of the case;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use), Article 136(1) of the Criminal Act (a) of the Criminal Act, Article 257(1) of the Criminal Act (a point of interference with the performance of official duties), and Article 311 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. Selection of each sentence of imprisonment;

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. Order of community service;

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