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(영문) 서울중앙지방법원 2017.07.11 2017고합64
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 18, 2016, at the front of Seocho-gu Seoul Metropolitan Government D, the Defendant: (a) 112 reported that he was used by the drunk, and was dispatched to the scene of the 112 police box belonging to the Seocho-gu Seoul Western Police Station Emboxed by F to have the Defendant, who was subject to protective measures, take the front seat of the G patrol vehicle in order to safely return to the cab near the scene; and (b) communicate with the cab officer to send it to the cab near the scene without any justifiable reason, the Defendant collected light booms inside the front seat of the said patrol vehicle and cut off the light booms and cut off the 194,480 won for repair expenses, and the witness F, who observed this, broken the flick glass for the 194,480 won.

“In the hands of the Defendant who tried to restrain the Defendant, assaulted the F’s face face at several times.

Accordingly, the defendant damaged the goods used by public offices, and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases 112.

Summary of Evidence

1. Each legal statement of witness F and H;

1. Written estimate of vehicle repair costs;

1. Application of Acts and subordinate statutes to photographs of damage caused by patrol vehicles, and light-wing photographs used as criminal tools;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) (a) of the Criminal Act (a point of obstructing the performance of official duties) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed for a crime causing damage to goods for public use, the punishment of which is heavier);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 15 million won;

2. Determination of sentence: The results of a verdict of a fine not exceeding six million won, the jury verdict, and the opinion on sentencing.

(a) Domination of whether guilty or not guilty - seven persons (in unanimous verdict);

(b) Opinion on sentencing - Imprisonment with prison labor for up to six months, for a period of suspension of execution of two years: three persons - the maximum amount of fines (10 million won): two persons - fine of up to five million won: two persons;

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