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(영문) 수원지방법원 안산지원 2018.03.29 2017고단3730
공용물건손상
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A, on September 16, 2017, under the influence of alcohol in front of the “E cafeteria” located in Ansan-si, a member of the Dong-gu, Ansan-si, and was arrested by a police officer who received and dispatched a report of assault with other customers F of the above cafeteria, and was arrested as a flagrant offender by the police officer, who was called up for the same day. Defendant A sent to the police box at the police station of the Ansan-gu, a member G of Ansan-si.

The Defendant, at around 02:30 on the same day, was seated in the police box, and damaged the public goods used by the police box by putting “the suspect escape prevention partitions,” which was fixed on the police box with the suspect and the pole, in his hand, and destroying the suspect’s escape prevention partitions.

2. Defendant B, on September 16, 2017, under the influence of alcohol on the street in front of the “E cafeteria” located in Ansan-si, Seoul-si, the Defendant was arrested by a police officer who was dispatched after receiving a report of assault with other customers F, and became arrested as a flagrant offender on the same day.

The Defendant, at around 02:30 on the same day, carried the Defendant’s I arms of the police officer who had taken a face of damage to partitions at the police box, as described in paragraph 1, and obstructed the police officer’s legitimate execution of duties concerning the collection of evidence for the investigation of the crime, by cutting the her arms one time at the Defendant’s arms, and pushing the chest one time.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes on the face of a crime, CD, and photographic records;

1. Relevant Article 141(1) of the Criminal Act (elective of imprisonment): Defendant B: Article 136(1) of the Criminal Act (elective of penalty)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B’s order of provisional payment: The Defendants’ reasons for sentencing of Article 334(1) of the Criminal Procedure Act are the public goods of the police station under the influence of alcohol.

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