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(영문) 대전지방법원 2021.03.18 2021고단203
공용물건손상등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On September 13, 2020, the Defendant refused to leave, while drunk from the fourth floor of the Daejeon Seo-gu Daejeon B building on September 13, 2020, the Defendant: (a) obstructed the disturbance by opening the entrance door of the said building, such as C, with the opening of the door, and passing sound; and (b) failed to comply with the demand of the victim D, the owner of the said building, to leave the said building for about 10 minutes, even though he was demanded to do so.

2. The Defendant, who damaged public goods, obstructed the performance of official duties at the same time and at the same place as the preceding paragraph, refused to arrest the Defendant as a flagrant offender and to get him to board the patrol vehicle due to his refusal to leave the police officer belonging to the E District guard at the same time and place as that of the preceding paragraph, as well as the circumstances, G’s refusal to arrest the Defendant as a flagrant offender, and the E District guard No. 22 (H) of the E District patrol group, followed the front side of the patrol group No. 22 (H) of the E District, followed by having a large part of the fences, walked into

Accordingly, the defendant damaged the patrol car, which is a public object, thereby impairing its utility, and interfered with the legitimate performance of police officers' duties related to the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A statement of victims in connection with the preparation of D;

1. A criminal investigation report (Submission of a written confirmation of medical treatment);

1. Investigation report (Submission of a written estimate of damage caused by patrols);

1. A certificate of medical treatment;

1. A detailed statement of automobile inspection and maintenance;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 141(1) of the Criminal Act, Article 141(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, Article 136(1) (a) of the Criminal Act, Article 136 of the Criminal Act, the choice of imprisonment with prison labor for an offense;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of destruction of goods for public use with the largest punishment);

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

1. The act of blocking or obstructing the execution of official duties by violence of legitimate reasons for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend lectures, causes damage to public interest.

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