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(영문) 의정부지방법원 2014.04.11 2014고단622
공용물건손상등
Text

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

A seized one piece of provisional evidence (No. 1) shall be confiscated from the defendant.

Reasons

Punishment of the crime

1. On March 2, 2014, at around 19:07, the Defendant damaged public goods, the Defendant: (a) was at the D police box located in Sacheon-si, Sacheon-si; and (b) was able to drive away a man on the name and unsworn inside the police box without any particular reason; (c) destroyed and damaged the entrance and knife of the police box; and (d) destroyed and damaged the parts of the 65,000 won of the repair cost by destroying the parts of the present glass boat.

2. The Defendant interfered with the performance of official duties at the date, time, and place specified in Paragraph 1, and obstructed the legitimate performance of duties by police officials in relation to crime prevention, as if he/she were boomed by the police police officer E and the police officer F, who kept the police officer E and the police officer F, who prevented him/her from wearing the brush as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on investigation by each prosecutor (report on the execution of telephone investigation for sprinke E);

1. Police seizure records and photographs thereof;

1. Photographss of the entrance of the destroyed police box, and ctv video photographs containing a ctv image of the criminal defendant who threatens the police;

1. Application of the written estimate (Evidence No. 72 pages) statutes;

1. Articles 141(1) and 136(1) of the Criminal Act of the corresponding statutory provisions concerning criminal facts (the point of causing damage to public goods) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Code: the obstruction of performance of official duties [the case of imprisonment] - the obstruction of performance of official duties - the aggravation of aggravated elements: the case of carrying dangerous items (one type): [the decision of the recommended area] / [the scope of the recommendation area] 1 to 4 years / [the suspension of execution] - the case of carrying dangerous items : the case of carrying dangerous items - the reason for negative general reference: the lack of social relation / lack of serious reflective relation / there is no effort to recover damage: the case of general reference beyond the suspension of execution.

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