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(영문) 서울서부지방법원 2017.11.01 2017고단2506
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2017, at around 22:20 on August 4, 2017, the Defendant: (a) was under the influence of alcohol in the front of the C periodical beyond C in Eunpyeong-gu Seoul, Seoul, upon receiving a report from 112 that he was under the influence of a drunk female; (b) was invited to return home; and (c) the Defendant was dispatched to the Seoul, upon receiving the report from the police officer belonging to the Eunpyeong Police Station D District; and (d) was called to the above E., “S. h in the weather and the police police officer

“The breatho,” and assaulted the body of the above E by hand, such as the breast, once, and the body of the E once.

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

2. On August 5, 2017, the Defendant damaged public goods: (a) was arrested and transferred to a flagrant offender on the grounds as described in the foregoing paragraph in the Eunpyeong-gu Seoul Metropolitan Government’s joint signature around 01:02 on August 5, 201; and (b) was arrested and transferred to a police officer on the grounds as described in the foregoing paragraph (1) at the Pyeongtaek Police Station investigation and detention room; and

C. The bath theory is that C.S. Bags are ", and the toilet change lids and E.S. lids in the above detention room are removed, and the E.S. Bags are broken.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A written statement;

1. Photographs of damaged articles;

1. Application of investigation reports (related to a wooden currency), and Acts and subordinate statutes governing the place of work in the D District;

1. Relevant Article 136 of the Criminal Act, Articles 136(1) (the point of obstructing the performance of official duties) and 141(1) (the point of damaging public goods) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. In light of the language and behavior of a police officer called out upon receiving a report of 112 on the grounds of sentencing under Article 62(1) of the Criminal Act, or the behavior after being arrested, the crime is not good, and the defendant has a record of having been punished as a crime of insult against a police officer, it is disadvantageous.

However, it is against the defendant's confession, contingent crime, and other defendant's person.

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