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(영문) 청주지방법원 2016.07.14 2016고단447
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:05 on March 8, 2016, the Defendant, under the influence of alcohol on “C” located in Heungdong-gu, Cheongju-si B, Cheongdong-gu, Cheongdong-gu, Cheongdong-gu, expressed a bath to the victim D, who was under the influence of alcohol without any justifiable reason, brea the breath, booming the breath, and assaulted the victim’s breast part with his hand.

2. On March 8, 2016, the Defendant damaged public goods at a place at the preceding port, around 00:18, and was arrested as a flagrant offender of the Cheongju Police Station E District pursuant to the Cheongju Police Station E District, the police officer of the Cheongju Police Station, and the patrol police officer, who was dispatched after receiving a report of the assault, and was on board the back seat of the H patrol police officer. As such, the Defendant damaged the goods used by public offices with repair costs exceeding KRW 282,79, by walking the back of the patrol police officer on a hand and walking the back of the patrol police officer.

3. On March 8, 2016, the Defendant: (a) was at the place specified in paragraph (1) around 00:20 on March 8, 2016; (b) took the door from the back seat of the H patrol vehicle, such as the preceding paragraph; and (c) the Defendant’s first day, who was complying with the first day of the patrol vehicle, took the front door of the patrol vehicle out of the heater Defendant I.

Therefore, when the victim G was a police officer belonging to the E earth's team, the defendant abused the victim's left face one time as a drinking with the victim's left side.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports, and at the same time, the Defendant got off the face of the victim requiring approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, J and I;

1. Each G statement;

1. A damaged photograph, black box CD, patrol picture, estimate, and photograph;

1. Application of the law of replys

1. Article 260(1) of the Criminal Act applicable to the facts constituting an offense; Article 141(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 257(1) of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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