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(영문) 수원지방법원 2015.10.28 2015고단3765
공용물건손상등
Text

A defendant shall be punished by imprisonment for one year.

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

On August 6, 2015, the Defendant was controlled by drinking driving on the road located in the Chowon-gu, Suwon-si, Suwon-si, Suwon-si, and was voluntarily operated according to the Suwon-si, Suwon-si, Suwon-si C District at around 20:35 on the same day.

피고인은 같은 날 20:55경 바람을 쐬고 싶다고 말하고 잠시 위 지구대 밖으로 나갔다가 출입문을 박차고 들어와, 갑자기 욕을 하며 책상 위에 놓여있던 컴퓨터 모니터를 두 손으로 집어 든 후 위 지구대 소속 경사 D을 향해 던져 폭행하고, 위 모니터 액정을 깨뜨려 알 수 없는 수리비가 들도록 손괴하였다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers, and damaged things used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reasons for sentencing of Article 62-2 of the Social Service Order Act: Article 62-2 of the Act on the Punishment, etc. of Crimes No. 1 [Scope of Recommendation] Where carrying dangerous articles [one year or four years], the area of the obstruction of performance of official duties [the scope of Recommendation], Article 2 of the Act on the Punishment, etc. of Specific Crimes [the scope of Recommendation], Article 1 of the Act on the Nullity and Destruction of Public Goods (Invalidity of Public Goods], Article 1 of the Act on the Punishment, and Article 62-2 of the Act on the Punishment, etc. of Specific Crimes [the scope of the Final Punishment] [the scope of the last sentence due to the aggravation of multiple crimes without a special person]: One year to four years [the Decision of Sentence]: The defendant committed a crime by monitoring police officers in the earth and thus there is a high need for punishment. A normal situation favorable to the defendant due to damage of public goods in the earth: The defendant is recognized as a crime, a contingent crime

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