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(영문) 춘천지방법원 2013.11.18 2013고단988
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 14, 2013, the Defendant causing property damage: (a) around 23:53 on October 14, 2013, while under the influence of alcohol in front of the instant singing practice room operated by the victim D, the Defendant: (b) walked the air-conditioning room installed in the said singing practice room, which is the victim’s possession; (c) cut off the air-conditioning room installed in the said singing practice room; and (d) cut off the air-conditioning signboard with the glass window installed on the outer wall; and (d) damaged

2. When the Defendant received a report on the date, time, place, and 112 that the Defendant was fluoring a disturbance, and received the confirmation of personal information from the slope G belonging to the F Zone G of the Chuncheon Police Station, the Defendant committed an assault by “I do not have to know. I do not have any name. I do not have any name,” and “I do not have any fluort. I do not live only a day. I do not do so. I do not do so. I do not do so.” The Defendant assaulted the part of the above G’s right-hand section

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

3. On October 15, 2013, the Defendant damaged public goods, on the grounds that paragraphs (1) and (2) were arrested as an flagrant offender at the detention room of the Chuncheon Police Station on the grounds of the same reason as that of paragraphs (1) and (2), and was confined in the above detention room, the Defendant opened a floor board located therein, and damaged goods equivalent to KRW 110,00 at the market price used by public offices by opening the toilet protection cushion.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, G and H;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing field photographs of detention rooms;

1. Relevant Article 141(1) of the Criminal Act, the choice of punishment for the crime, Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Crimes 1 (Determination of Punishment) Any obstruction of the performance of official duties shall be null and void;

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