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(영문) 수원지방법원 2020.01.30 2019고단6262
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 5, 2019, the Defendant engaged in obstruction of performance of official duties: (a) reported on September 18:20, 2019, 112 on the front side of the Suwon-si, Suwon-si, which was called “Sae one minute,” and committed assault, such as the name and resident registration number of the police box D, the police box belonging to the Suwon-si, the police box, and the desire of the police box E to ask the Defendant for his personal information; and (b) assaulting, by hand, both arms of the police box D, sealed, pushed, or threatening him to drink.

In addition, the Defendant committed violence by cutting off two arms E from the patrol vehicle in order to restrain the Defendant who interferes with the movement of patrol vehicles, in front of the Gsung in the same Gu F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

2. On September 5, 2019, at around 18:29, the Defendant damaged public goods, at the front of Gsung Party F located in Suwon-si Station F, the Defendant 112 reported and sent back, as described in the preceding paragraph, was able to take a bath for returning home from the police officers belonging to the police box called up, and then 300,000 won of the repair cost, considering the H patrol vehicle parked at that place as drinking once a week.

Accordingly, the Defendant damaged the patrol car used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A criminal investigation report (a video-related investigation with video recording the page of a suspect for committing a crime);

1. Application of Acts and subordinate statutes, such as field photographs and estimates;

1. Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing of Article 334(1) of the Criminal Procedure Act against the police officers dispatched after receiving 112 reports.

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