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(영문) 수원지방법원 안양지원 2019.06.20 2019고단670
공용물건손상등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 March 2, 2019, the Defendant’s obstruction of performance of official duties: (a) under the influence of alcohol in the “C” restaurant located in the Gu in Ansan-si, and (b) on March 2, 2019, removed the rank of the police officer E, the police officer affiliated with the D Zone D, and the police officer of the police station, who was reported 112 and called to the site, to stop himself; and (b) the rank of the above E, the chest of which was sealed in both hands and attached to the work clothes, were removed from the rank of the police officer on his hand.

Therefore, as the above F removed the defendant, the defendant was tightly tightly tightly f's chest, and the defendant was humpeded to "this f's f's f's f's humb and discarded."

Accordingly, the defendant assaulted the above E and F, thereby obstructing the police officer's legitimate execution of duties concerning the handling of 112 reports.

2. At around 03:10 on the same day as above, the Defendant damaged public objects for use, who was arrested as a flagrant offender committing the crime of obstruction of performance of official duties at the above place, and the police officers, such as F, etc., attempted to take the Defendant into the D zone by burning the Defendant at the G patrol vehicle, and damaged the repair cost of KRW 1,384,493 by walking the knife with the knife part behind the knife and the knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A H statement;

1. A investigation report (a written estimate attached to a general repair cost);

1. Closed photographs and photographs damaged by patrols, all of which have been removed by a rank captain;

1. Notification of a department related to the report of 112 cases, a copy of the work log in the D District;

1. Application of written estimate of general repair costs to Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Scope of recommended sentences according to the sentencing criteria;

(a) No. 1 crime (damage to Public Goods) (determination of type) shall be deemed to be a crime of obstruction of the performance of official duties.

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