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(영문) 서울동부지방법원 2015.09.03 2015고단1205
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

1. On April 24, 2015, the Defendant, at around 00:20 on the street in Gwangjin-gu Seoul Special Metropolitan City, was able to return home from E (27 years old) who was dispatched to the site after receiving a report of 112 from the 10th of the police station D District of Gwangjin-gu, Seoul Special Metropolitan City, on the ground that the Defendant was able to take a mixed voice, and took a CCTV for crime prevention.

On the other hand, the Defendant committed assault against the above E, such as "the police officer of the Republic of Korea is to go to go to the post, to see whether it is to go to the post, to see the above E's breast part by hand, and to threaten it to go to the head of drinking and plastic.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the prevention and suppression of crimes by police officers.

2. 공용물건손상 피고인은 위와 같은 일시 및 장소에서, 위 E이 피고인을 위와 같은 공무집행방해 등의 혐의로 현행범인 체포하여 순찰차에 태우려고 한다는 이유로, 머리로 위 순찰차의 뒷좌석 오른쪽 리어 필러 부분을 들이받아 움푹 들어가게 하였다.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to patrol goods damaged for public use;

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

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

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

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

1. The sentencing guidelines set forth in the first category of crimes [Scope of Recommendation]. The aggravated area (1-4 years from the obstruction of performance of official duties) (1-4 years) of the obstruction of performance of official duties (2-1 year from the basic area of the first category of crimes (2-1 year), which is not concurrent crimes, [the scope of Recommendation] of the second category of repeated crimes [the scope of Recommendation] of the invalidation and destruction of public objects.

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