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(영문) 대구지방법원서부지원 2020.10.07 2020고단2009
공용물건손상미수등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At around 23:00 on May 26, 2020, the Defendant attempted to damage public goods to “Claundry site” in Daegu-gu, Seogu, Daegu-gu, stating that “The Defendant was a person who was under the influence of alcohol on the ground floor” was shouldered by the police officer E during the police box called the Defendant, who was dispatched after receiving a report 112, that he was unable to have the Defendant. As such, the Defendant failed to commit an attempted to commit an attempted crime, 2 and 3 times away from the patrol box, which is a public goods, on the ground that the latter part of the patrol box was not damaged to the extent that the repair is necessary.”

2. The Defendant committed an assault, such as the time and place mentioned in Paragraph 1, and the patrol car, as described in Paragraph 1, to the extent that the Defendant demanded the Defendant to return home, such as the breath fat, etc., and obstructed the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions concerning facts constituting an offense, Articles 143 and 141(1) of the Criminal Act ( point of attempted damage to public goods), Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act (i.e., the penance, the degree of damage, and the primary charge) of the suspended execution;

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