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(영문) 광주지방법원 순천지원 2019.05.24 2019고단468
공용물건손상등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal power] On December 13, 2012, the Defendant was sentenced to six years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special rape) in the Gwangju District Court’s net support on December 13, 2012, and completed the execution of the sentence in the Jinju Prison on August 15, 201

【Criminal Facts】

1. On February 26, 2019, at around 15:00, the Defendant damaged public goods, at the front of the restaurant located in B, received the 112 report and sent to the Defendant, D’s police box, who was in charge of arresting the Defendant as an offender in the act of assault, notified the Defendant of the doctrine that he would arrest the Defendant as an offender in the act of assault. As such, the Defendant, who was in charge of the damage of the public goods, sent the department one time after the head of the patrol police station.

Accordingly, the Defendant damaged the patrol bags of 44,00 won at the market price used by public offices, thereby impairing its utility.

2. Obstruction of Performance of Official Duties, the Defendant: (a) arrested the Defendant at the same time and place as indicated in paragraph (1) at the same time, and at the same time and place as indicated in paragraph (1), the Victim E (the 23 years of age) tried to capture the Defendant, and then thrown away the Defendant, and (b) carried the victim’s necks, such as the victim’s chest and her chests, to be treated for about two (2) weeks, the Defendant carried out chests and scarbs that need to be treated for approximately two (2) weeks.

As a result, the defendant interfered with police officers' legitimate performance of duties on handling 112 reported cases, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (to hear on the site conditions at the time when the other party to the victim F is involved);

1. Medical certificate and receipt;

1. Damage photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of crimes during the period of repeated crime of a suspect), and application of Acts and subordinate statutes on the acceptance status of individuals;

1. Article 141(1) of the Criminal Act applicable to the relevant criminal facts, Article 136(1) of the Criminal Act, and Article 257(1) of the Criminal Act concerning the criminal facts;

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

1. Imprisonment with prison labor for each choice of punishment;

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