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(영문) 인천지방법원 2017.05.19 2017고단2237
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2017, around 17:24, the Defendant was under the influence of alcohol in front of the exit of 393 Yon-ro, Namdong-gu, Incheon, Nam-gu, 393, and was used by the male on the road.

'The 112 police officers called B' have been on board the back seat of the patrol team upon request by the police officers of B', after receiving the 112 report.

Defendant 1 opened the bucks in the above patrol car by cutting off spirits and cutting off the bucks of the steering bucks several times by hand, and bucks inside the bucks of the bucks. As such, Defendant 1 assaulted the face and bucks of the bridge C and Patrol D in the Incheon Southern Dong Police Station, and assaulted the Defendant from the patrol car to the bucks in order to prevent the police officers from getting off the bucks, and assaulted the above C’s both statics and buckbucks by hand. The Defendant 2 bucks and bucks of the above D’s left bucks and bucks by hand.

As a result, the Defendant damaged the patrol car, which is a public object, to be in excess of KRW 462,50,00, and obstructed the police officer's legitimate execution of duties concerning the dispatch of the 112 report and the protective measures of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Written estimate;

1. 112 Statement of report;

1. Application of the Acts and subordinate statutes to photograph damaged photographs and booms images;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) of the relevant Act on criminal facts and Article 136(1) of the respective Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who interferes with the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by obstructing the performance of public duties by mutual consent and by mutual consent among persons who are more severe);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) 1.

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