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(영문) 부산지방법원 서부지원 2019.05.22 2019고단515
공용물건손상미수등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in this case, the public performance and obscenity is acquitted.

Reasons

Punishment of the crime

1. On March 10, 2019, the Defendant attempted to damage the utility of public goods by getting off the window of a taxi that was boarding before the police box located in the Busan Sadong-gu, Busan at around 06:07, and by getting out the entrance door of the police box, which was favorable to the police box, but the Defendant attempted to damage the utility of the public goods by getting out of the entrance. However, the soldiers did not reach the entrance, and did so by getting off the immediately preceding floor of the entrance.

2. On March 10, 2019, at around 06:15, the Defendant engaged in obstruction of performance of official duties, the Defendant: (a) performed an act of exposing a sexual organ “I ambling a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a police officer, etc., while serving as a police officer D (the 28 years of age), etc.; (b) performed an act of exposing a bit of a police officer’s bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a police officer who committed such act

Summary of Evidence

1. Partial entry of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to D and E;

1. CCTV CDs (a variety of circumstances recognized by this court based on the evidence duly adopted and investigated by this court, i.e., the Defendant’s behavior and situation leading to the front door of a police box, etc., the Defendant was aware that the Defendant was likely to damage the front door of a police box, and there was dolusent intent that the Defendant could not have been forced to damage the front door of a police box, and the Defendant could fully recognize the fact that the Defendant committed assault by putting the clothes of police officers E). The application of statutes can be sufficiently recognized.

1. Relevant laws concerning criminal facts, Articles 143 and 141(1) of the Criminal Act ( point of attempted damage to public goods), Article 136(1) of the Criminal Act and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment determined for attempted damage to public goods heavier than punishment);

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