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(영문) 인천지방법원 2017.01.26 2016고단4761
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant was driven by the victim D (44 tax) on the street in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon around 01:00 on June 6, 2016;

E Private taxi drivers are waiting for signal, and the victim is thought to refuse boarding, and the latter part of the above taxi has been set off due to the weather, and whether the damage occurred from the vehicle is "h".

“In hearing the word “,” the victim was frightened with breath’s hand, and then pushed the victim’s breath, and assaulted the victim by making his left hand.

2. The Defendant damaged public goods at the same time as Paragraph 1, and at the same place as the victim was arrested in the act of assault from G, etc. belonging to the F District of the Incheon Bupyeong Police Station, which was dispatched after receiving a report at the same time, and was on the H patrol car 62. The Defendant destroyed the above patrol car, which is a public object, to have the repair cost of KRW 1,210,000 for the 1,210,000 for the use of the patrol car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Written statements of D;

1. A report on investigation (verification of black boxes) and a report on investigation (CCTV analysis);

1. Application of the Acts and subordinate statutes to copies of the destroyed patrol picture and written estimate for repair;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment with prison labor for each crime;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes) of the aggravated concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) (Scope of Punishment), the basic area (from June to one year and six months), the basic area (from one year and six months), which is irrelevant to the invalidation and destruction of public goods;

(b) The scope of the final sentence due to the aggravation of multiple crimes for which there are no persons who are in charge of the basic area (two months to ten months) (any person who is in charge of special sentencing) of Category 2 (Assaults) (Scope of the recommended punishment) (including violence) and the basic area (two months to ten months): six months to one year;

2. Determination of sentence:

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