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(영문) 대전지방법원 홍성지원 2013.09.26 2013고합37
공용자동차방화등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant had a weak ability to discern things or make decisions due to the depression of alcohol use, severe symptoms, etc.

1. On July 4, 2013, at around 22:50, the Defendant, at the Defendant’s residence located in Chungcheongnam-gun budget group, filed a 112 report to the Defendant’s family, including the Defendant’s wife, and the police officers E and F, who belong to the budget police station, reported his/her family to the police station as he/she was dispatched to the above location, and at the same time, he/she installed a fire using a coverter on the 20 foot oil tank containing gasoline, which the said police officer operated the said oil, and got him/her up to the front part of the said vehicle engine and beams, etc.

Accordingly, the Defendant destroyed the automobile that is officially offered to public use in the amount of KRW 7,764,00.

2. The Defendant committed a crime at the time and place specified in Paragraph 1, as stipulated in Paragraph 1, and obstructed legitimate performance of duties concerning the arrest of a police officer in the act of committing an act of committing an act of assaulting the Defendant in an act of assaulting gasoline in the vicinity of the defect that the slope E and slope F attempted to arrest the Defendant in the act of committing an act of committing an act of assaulting the Defendant, thereby threatening the kitchen knife (the total length of 30cm) and the kitchen, which is a dangerous thing, to the said police officer, by threatening the said police officer “a

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to H and I;

1. Investigation report (Attachment of criminal behavior tools and vehicle photographs, re-Visits at the scene of the crime, and photograph of the damaged vehicle);

1. On-site photographs and knives taken by the suspect;

1. Application of Acts and subordinate statutes concerning comprehensive shop taxes to vehicles;

1. Relevant provisions of the Criminal Act and Articles 144(1), 136(1) (Special Obstruction of Performance of Official Duties, Selection of Imprisonment) and 165 (Appointment of Penalty) of the Criminal Act concerning criminal facts;

1. Article 10 of the Criminal Act for the mitigation of mental illness.

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