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(영문) 춘천지방법원 영월지원 2017.07.18 2017고단218
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 18, 2017, the Defendant: (a) 16:26, at D cafeteria located in Gangwon-gun, D Z, fluencing alcohol and food on the floor; and (b) fluencing the Defendant out of the restaurant, upon receiving a report from 112 of the business E, sent the Defendant to the site after receiving a report from 112 of the business E, the Defendant was on the patrol vehicle to have the Defendant, who was under the influence of alcohol, returned from her hand in order to have the Defendant, who was under the influence of alcohol.

1. 공용 물건 손상 피고인은 2017. 4. 18. 17:15 경 위 식당에서 강원 I에 있는 피고인의 집으로 이동 중이 던 평 창 경찰서 소유의 J 순찰차 뒷좌석에서, “ 야 씨 발 놈 아 나랑 맞짱 떠, 너 내가 죽여 버릴 거야, 가만 안 둬. ”라고 욕설을 하면서 주먹과 발로 위 순찰차의 뒷좌석과 앞좌석 사이에 설치되어 있는 플라스틱 재질의 보호 벽을 수회 때리고, 양 손으로 보호 벽을 잡아당겨 깨트렸다.

Accordingly, the Defendant damaged the repair cost of 50,000 won, which is the object used by public offices.

2. The Defendant interfered with the performance of official duties, at the time, at the places specified in paragraph 1, destroyed the protective wall of the said patrol vehicle by putting the said patrol vehicle in a cresh of the protective wall, and assaulted the boom of G with the boom of the F police station of Pyeongtaek-gu, which was driving the said patrol vehicle by putting it in the cresh of the protective wall.

Accordingly, the defendant interfered with legitimate execution of duties on police officers' protective measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, or K;

1. 112 Reporting case handling table;

1. On-site photographs;

1. Application of the written estimate of repair costs of J patrols;

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) (a) of the Criminal Act (a point of obstructing the performance of official duties) and the selection of fines for the 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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