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(영문) 대구지방법원 2014.06.19 2014고단1987
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 3, 2014, the Defendant received an instruction from Youngcheon Office of Education, followed by the Yongcheon-gu Office of Education on April 18, 2014, 112, that the Defendant was the subject of the direction of the Defendant to refer to India because of the risk of traffic accidents.

At this time, the Defendant was able to take three times the chest of C on the ground that the above Defendant was moving the Defendant to another place and is bad, and was able to take three times the chest of C.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies, public safety and maintenance of order.

2. On April 3, 2014, around 21:06, the Defendant damaged public goods by committing the crime as referred to in the foregoing paragraph (1) at the detention room of the police station located in the Gansan-si, Busan-si, which was located in 68, and arrested in the act of committing the crime, and the Defendant destroyed the toilets and the lids of the toilets installed inside the detention room by multiple times.

Accordingly, the defendant, who is a public office, damaged a tree door and a change used by the Gyeongsan Police Station, thereby harming its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. 112 reported case handling table;

1. Each investigation report (in cases of confirmation of video data in a detention room, attaching photographs, such as damaged articles, and a copy of a written estimate for damage, etc.);

1. Application of the Acts and subordinate statutes to photographe images;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging goods for public use and the choice of imprisonment);

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or above, such as the suspension of execution (the fact that the defendant was a criminal record of the same kind to the defendant, but the defendant's mistake is recognized and reflected, the crime of this case is a contingent crime, and the circumstances leading to the crime of this case, the age and inclination of

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