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(영문) 춘천지방법원 강릉지원 2018.05.15 2018고단235
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 21, 2018, the Defendant: (a) entered a 01:30 drinking beverage into the Gangnam-si Police Station D District; (b) was carrying the police officer working at the place, leaving him/her to his/her police station; and (c) was refused by the police officer E, etc. on the ground that he/she refused to do so, the Defendant: (a) caused the Defendant’s damage to public goods, which caused three computer monitors installed on the front of the police bitkek, to drink, and caused the damage to one monitor (or a market price equivalent to 66,000 won) among them.

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

2. The Defendant interfered with the performance of official duties, at the same time, at a place as referred to in Paragraph 1, and at the same time and place, committed assault, such as, among them, the Defendant, who had three computer monitors installed on his own guide strings on the front book, was fluencing up, and on one day, who was in charge of the business of 112 reported prior to the above monitors, she was faced with the chest of E.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs, DNA CCTV dynamic images extracted;

1. Application of each Act and subordinate statutes to a written estimate;

1. Relevant legal provisions of the Criminal Act, Articles 141(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and all the conditions of sentencing recorded in the records, such as Defendant’s age, sex, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment as ordered shall be determined.

Unfavorable circumstances: A person is punished for the same kind of crime that has not been repaid.

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