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(영문) 창원지방법원 2017.02.09 2016고단4056
공용물건손상등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 21, 2016, at around 00:45, the Defendant damaged public goods, on the road in front of “C cafeteria” located in the counter of Changwon-si, Changwon-si, and “On the road, the Defendant: (a) recommended a police box affiliated with the police station of the Changwon-si, who was dispatched after receiving a report, to have the Defendant returned to the Republic of Korea; (b) the police officer affiliated with the same police station of the Changwon-si, who was assigned to the police station of the Changwon-si, and (c) recommended the Defendant to have the Defendant returned to the Republic of Korea; and (d) while taking a sudden bath, the Defendant destroyed the 387,319 won of the repair cost of the vehicle by walking back to the right side of the F Ba or the ta

2. The Defendant obstructed the performance of official duties, at the time, at the time, and place specified in the preceding paragraph, committed assault, such as: (a) the Defendant: (b) prevented the Defendant, who was the victim of the disturbance; (c) in both arms; (d) prevented the Defendant again; (d) 2 times the head part of the above E, 2 times the head part of the head; and (e) interfered with the bat of the above E by hand, and (e) interfered with the said E’s batling.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. 112 A list of reported cases;

1. Ratification- Application of the Acts and subordinate statutes to notify him/her of the confirmation of performance of damage caused by patrol vehicles;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) of the relevant Act on criminal facts and Article 136(1) of the respective Criminal Act (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the Act on the Suspension of Execution is that the Defendant, who was diving on the street in the influence of alcohol, obstructed the performance of official duties and damaged patrol cars by exercising violence against the police officers who help him/her and want to return home, and thus, the crime is not easy: Provided, That the execution of the sentence is to be postponed by taking into account the following: (a) the Defendant repaid the repair cost of patrol cars; and (b) the Defendant was not guilty of having been sentenced one time to a fine due to a violation of the Road Traffic Act,

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