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(영문) 수원지방법원 성남지원 2016.01.15 2015고단2572
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 October 16, 2015, the Defendant: (a) obstructed the performance of official duties; (b) obstructed the patrol vehicle on the way in front of the C branch of Sungnam-si, Sungnam-si; (c) obstructed the police officer’s legitimate performance of duties in relation to the police officer’s 112 report, and obstructed the police officer’s 112 report on the ground that the police officer rejected the call during the 112 report; and (d) stated that “I am feass, I am to come, I am to come, and I am to come, I am, I am, and I am to come to the front; and (e) obstructed the police officer’s legitimate performance of duties in relation to the police officer’s 112 report.”

2. The Defendant damaged public goods at the above date, time, and place, as seen earlier, damaged goods used by public offices equivalent to KRW 230,000 in the market price of the car blurg with a door in front of the driver’s seat of the F car, which is a patrol car for the said reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of the written estimate statutes;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (a point of obstructing the performance of official duties) concerning facts constituting an offense: Selection of a fine, respectively;

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. A crime falling within the scope of the recommended punishment [the scope of the recommended punishment] falling within the category 1 (the invalidation of public goods) in the basic area (six months to one year and six months) of the Act on the Nullity and Destruction of Public Goods] / [the scope of the recommended punishment] / [the scope of the recommended punishment]] the basic area (six months to one year and four months), and the basic area (one year and four months), [the special sentencing person] without any special sentencing person: June to February 2:

2. Two years of suspended sentence for six months of imprisonment with prison labor for the decision of sentence (the nature of the instant crime is not good, and the Defendant’s violent crime records, etc. are subject to strict punishment.

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