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(영문) 의정부지방법원 2016.09.23 2016고단3090
공용물건손상등
Text

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

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

Reasons

Punishment of the crime

1. On May 30, 2016, the Defendant interfered with the performance of official duties in a deceptive scheme: A police officer in charge of the receipt of a report by 112 telephone using a mobile phone at the nearby Macheon-si located in the Macheon-si, Macheon-si, Macheon-do.

The location is trackingd.

“A false report (receiving number: 2482) made six police officers, such as the security guards C, etc. belonging to the Macheon Police Station B police station B, to search more than one hour and 30 minutes near the police officer by taking part in the patrol car and the criminal police squad, and search more than one hour and 30 minutes.

Accordingly, the Defendant interfered with the prevention patrol of the above C et al. and the legitimate execution of duties concerning the dispatch of the 112 report by fraudulent means.

2. Following damage to public goods, the Defendant, along with the foregoing 23:00 day on the same day, moved to the said zone B and got confirmed of the details of the report, etc., sent a phone to the wife while borrowing from the above C a mobile phone for the public use of B-to-face B, which was collected from the consignee, and broken down the liquid situation.

Accordingly, the defendant damaged the mobile phone, which is a thing used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each description and image of the photograph of destruction of Handphones, the details of report 112; and

1. Application of Acts and subordinate statutes entered in each investigation report;

1. Relevant legal provisions concerning criminal facts, Article 137 of the Criminal Act (the point of obstructing the performance of public duties by deceptive means), Article 141 (1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for a crime causing damage to goods for public use with heavier punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order [the scope of applicable sentences under the law] [the type of a ruling] ① Interference with the performance of a deceptive scheme: Type 2 (Interference with the performance of a deceptive scheme) interference with the performance of a public duty among the groups of crimes that interfere with the performance of a public duty, which interfere with damage to public goods.

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