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(영문) 수원지방법원 여주지원 2018.04.11 2018고단76
공용물건손상등
Text

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

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

Reasons

Punishment of the crime

1. On December 20, 2017, the Defendant damaged public goods, at around 23:45, the Defendant: (a) took alcohol in front of the “D cafeteria” in Ischeon-si, Leecheon-si; and (b) took a bath for the police officers in front of the “D cafeteria” road; and (c) damaged the Defendant’s repair cost of KRW 126,00,000 by putting the driver’s seat of the F Patrol car, which is a building of public goods used by the E zone in the instant police station.

2. On December 21, 2017, at around 01:30, the Defendant obstructed the performance of official duties, and the Defendant injured the Defendant: (a) was arrested and taken in from the police officer H in the act of damaging public goods as described in paragraph (1) at the office of the Dongcheon-si Police Station G office located in Leecheon-si, Leecheon-si, to the act of damaging public goods; (b) caused the disturbance of the Defendant by smoking tobacco; and (c) caused the Defendant to escape from the police officer H; and (d) the first police officer of the victim taken such circumstances to the public cell phone of the police; (b) obstructed the Defendant’s legitimate performance of duties in relation to the criminal investigation of the police officer; and (c) at the same time, at the same time, the Defendant suffered injury, such as the catum catumum

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Receipts and opinions;

1. Application of Acts and subordinate statutes to patrol pictures;

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) of the relevant Act on criminal facts, Article 257(1) of the Criminal Act (a point of harm), and Article 136(1) of the Criminal Act (a) of the same Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of punishment: Imprisonment with prison labor for one month or for ten years and six months;

2. The scope of the sentence recommended according to the sentencing guidelines is one crime (Obstruction of Execution of Official Duties) / [Scope of Recommendation] / the invalidation and destruction of official goods 1 type (Invalidity of Official Goods) / the basic area (from June to June) / there is no special sentencing sentencing person.

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