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(영문) 대구지방법원 포항지원 2016.06.23 2016고단330
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 7, 2015, the Defendant: (a) was in assaulting C and D at the north-gu, North-gu, and the 112 report, and was called up, during the assaulting B and D on February 7, 2015, and moved to a police box by voluntarily accompanying the slope F, and G police officer at his/her own discretion, while moving to the police box; and (b) subsequently, the Defendant destroyed and damaged the rear left side of the patrol vehicle to cover KRW 200,000 of the repair cost.

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

2. When the Defendant was arrested as a flagrant offender due to damage to public goods, such as the statements in paragraph 1 at around 17:40 on the same day as the statements in paragraph 1 at around 17:40, and was transferred to e-mail in North Korea-gu H at port at the port of port, the Defendant’s interference with the performance of official duties was discarded from the slopeF and the patrolman “on the restraint of the departure, and the death of the scars at the police box.

풀려나면 차를 몰고 와서 파출소로 돌진하여 파출소를 부숴 버리고, 너희들 모두 불 싸질러 버리겠다.

“Intimidating” and subsequently assaulting the parts of G Hebucks by walking twice.

As a result, the Defendant, F and G, respectively, prevented police officers from performing their legitimate duties in relation to the suppression of crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to G (victimd Police Officers);

1. Statement made by the police concerning I (a witness to a crime that inflicts damage on public goods);

1. The application of Acts and subordinate statutes to photograph and photograph damaged patrols, and report on investigation (related to attachment of notes of repair costs of patrols);

1. Article 141(1) of the Criminal Act applicable to the facts constituting an offense (a point of damage to goods for public use, choice of imprisonment, etc.) and Article 136(1) of the Criminal Act (a) of the same Act;

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 any public official) 1, and 50 (the punishment imposed on a person who interferes with the performance of public duties by any public official heavier than the punishment imposed) 1, and the choice of imprisonment with labor

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria;

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