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(영문) 대구지방법원 서부지원 2017.09.29 2017고단683
공용물건손상등
Text

A defendant shall be punished by imprisonment for six 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. On March 21, 2017, the Defendant interfered with the duties of the Defendant: (a) visited the emergency room of the C Hospital located in Daegu Seo-gu, Daegu-gu, in order to treat the flabed upper state; (b) obstructed the duties of receiving the emergency room of the victimized person by force for about 25 minutes by avoiding the disturbance, such as flabing the body door into the reception counter where the injured party D, who is the prime official and employee, was in a flab, with the upper half of the body; and (c) putting the computer monitor at his/her seat; and (d) flabing the body door from the corridor of the emergency room, flading the body door while leaving the flab and flying the body door.

2. The Defendant interfered with the performance of official duties at the above time, at the above time, and at the same place, assaulted the police officer F, who was affiliated with the Daegu Regional Police Agency E, by taking care of the Defendant, to take the face of the above F on one occasion, and obstructed the police officer’s legitimate performance of duties concerning public peace and maintenance of order.

3. On March 21, 2017, the Defendant damaged goods for public use, at the cell of the police station in the Taegu-gu Police Station, 259-3, as of the Seogu-gu, Daegu-gu, Daegu-gu, 2017, the Defendant damaged goods used by public offices by making it possible for the Defendant to take repair charges equivalent to KRW 203,50, 200, in a cell of the police station, which is located on the top of the toilet, by cutting up the ceiling of the toilet and making it potable up in drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, D, and G;

1. The application of Acts and subordinate statutes to each investigation report (the attachment of photographs damaged by a tent in a detention room, the place where the work in the detention room is located, and a quotation);

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official business), Article 141(1) of the Criminal Act (the point of interference with the performance of official business), the choice of imprisonment for each 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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is not very good in that it assaults the police who was dispatched to the defendant as a report of interference with his duties and damages the public goods.

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