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(영문) 창원지방법원 통영지원 2019.05.23 2019고단194
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 23, 2019, the Defendant expressed that, around 05:10 on January 23, 2019, in front of the building C, the police officers affiliated with the D Zone D District Unit of the Tong-gu Police Station, called out after receiving 112 reports, they should not see the Defendant’s sound, and the Defendant was tightly pushed up two times on the part of the Defendant’s boat, and pushed off the face of the above E on one occasion with the hand floor.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. The Defendant damaged public objects at the same time and place as indicated in paragraph 1, and at the same time and place as indicated in paragraph 1, destroyed the amount of the device by cutting away a portable reference device (three gallon 5) used by the police officer E as a common object in order to photograph the Defendant’s act.

Accordingly, the Defendant damaged the public goods used by public offices to cover approximately KRW 1.30,000 for repairing costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of photographs and cellular phone repair expenses);

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing guidelines of the Supreme Court;

A. First Crimes (Determination of the Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / Non-performance of Official Duties / Non-performance of Official Duties / Non-performance of Official Duties / [Scope of Recommendation and Recommendation] Basic Field / Imprisonment with labor 6 months to 16 months

B. Second crime (damage to Public Goods) (Determination of Penalty) is an offence of obstruction of the performance of official duties, and the recommended area where there is no invalidation of public goods [Class 1] of invalidation of public goods (a person with a special punishment]; and

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