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(영문) 춘천지방법원 2017.08.28 2017고단456
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 9, 2017, the Defendant damaged public objects, on the street in front of the “Ulle Park 170, Gyeongcheon-dong, Gyeongcheon-dong,” the Defendant, under the influence of alcohol, went beyond two parts of the landscape and management of the Chuncheon City Viewing and Chuncheon City, which was installed in India at the place without any justifiable reason, thereby impairing the utility of objects used by public offices by putting soil, etc. over the road.

2. The Defendant’s interference with the performance of official duties at the above date, time, place, and “for those who obstruct and obstruct the passage of the drunk” was requested by the 112 Report and dispatched by the Chuncheon Police Station Cdistrict D to verify personal information, and the Defendant’s failure to comply with the request, and there is no young guard.

Naba evise or evisa.

I expressed my desire to be "I kn't kn't kn't kn't kn't kn't kn't, and interfere with the police officer's 112 duty of report and duty of prevention of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damage statement of E;

1. Application of the relevant photographs, the 112 Reporting Processing List, the video CD-related statute;

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 for observation of protection;

1. Application of the sentencing criteria;

(a) Crimes No. 1: Basic area (Interference with the execution of official duties) of Type 1 (Interference with the Execution of Official Duties), which is a interference with the performance of official duties;

(b) Second offense: Where the value of the article that has been invalidated or destroyed is insignificant in the area of mitigation (one month to eight months), in the area of mitigation (special mitigation) of one type (Invalidity of Public Articles), which is a crime of damage to public property (the scope of punishment recommended), and the invalidation or destruction of public property;

C. The scope of final sentence due to the aggravation of multiple offenses: from six months to.

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