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(영문) 서울서부지방법원 2016.01.27 2015고단2908
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 31, 2015, at around 05:05, the Defendant: (a) was under the influence of alcohol at D restaurant located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government; (b) received a report from a police officer called up to 112, and received a request for returning home from the police officer called up to 112; (c) was on board the vehicle at the 23 Eth E Ethmp patrol vehicle in Mapo-gu Seoul Metropolitan Government (05:30 on the same day; and (d) was lowered from G

On the ground that there was a good time for the Defendant to get off the said patrol vehicle on the same day, and the Defendant broken off the sunlight of the year in front of the patrol police officer used for business purposes by the said police officer once a week, on the ground that there was a good time for the said police officer to get off.

Accordingly, the suspect damaged the patrol car of No. 23 used in the H district of the Mapo-gu Seoul Police Station, which is a public duty.

2. On October 31, 2015, at around 05:30 on October 31, 2015, the Defendant: (a) damaged patrol vehicles, which are public goods, and (b) obstructed the performance of official duties; (c) notified the Defendant of the criminal facts of the crime of damaging public goods and the Defendant’s right to a suspect; and (d) attached the said I’s clothes to the Defendant to arrest the Defendant as the current criminal of the crime; (c) obstructed the Defendant’s performance of official duties by putting the said I’s clothes over the floor; and (d) assaulted the said I’s clothes one time with knene, and assaulted the Defendant’s left shoulder at one time.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to photographs of damaged patrol vehicles;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) and Article 136(1) of the Criminal Act concerning facts constituting an offense (a point of obstructing the performance of official duties);

1. Selection of each selective fine for punishment (including all circumstances, such as the fact that it appears to have caused the instant crime by contingency while drinking the initial crime, confession, and alcohol);

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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