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(영문) 인천지방법원 2015.03.19 2015고단538
공용물건손상미수등
Text

A defendant shall be punished by imprisonment for six 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. Around 22:40 on January 24, 2015, the Defendant attempted to damage goods for public use, while drunkly being taken protective measures by the police box located in Namdong-gu Incheon Metropolitan City, the Defendant attempted to destroy the above glass door used by the police box, which is a public office, in front of the police box, while being drunkly taken the measures of protection. The Defendant attempted to destroy a tobacco singing down on the floor of the police box, etc. and then go back to the road in front of the box, and attempted to go back again by the police box, etc. belonging to the above police box, etc., and to go back again into the road in front of the box. However, the Defendant attempted to damage the above glass door used by the police box, which is a public office, in front of the police box, to walk up once.

2. The Defendant engaged in obstruction of performance of official duties: (a) at the same time and place as stipulated in Paragraph (1) above, and (b) at the same time and place, walked the sculp door, sculping the sculp, and assaulted the Defendant with the wheels to stop the Defendant’s loss with the defect that he attempted to scule his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Act and subordinate statutes on January 24, 2015 for the Investigation Report of January 24, 2015

1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (the attempted crime of official use), Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), and the choice of imprisonment with prison labor;

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. Crimes No. 2 of the reason for sentencing of Article 62-2 of the Probation Criminal Act: (a) No. 1 of the Act on Promotion of Performance of Official Duties (Scope of Recommendation) is the basic area (6-1-4 months) of the Act on Promotion of Performance of Official Duties (6-1-4 months) [the scope of Recommendation] [the scope of Recommendation] the mitigated area (1-1 month-8 months), the mitigated area (1-8 months), and the value of the goods that have been invalidated or destroyed is minor.

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