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(영문) 서울남부지방법원 2016.04.01 2015고단5660
공용물건손상등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 13, 2015, the Defendant damaged public goods: (a) around 03:10 on December 13, 2015, at the street room in front of the C cafeteria in Gangseo-gu Seoul Metropolitan Government; (b) the police officer called out after receiving a report on his/her body fighting with his/her relatives, intends to board the scene to arrange the scene and have him/her return to his/her home; (c) the Defendant:

In doing so, this kind of gue gue mari was damaged by removing a door of the patrol car so that the amount of 685,639 won for repair of the patrol car is equal to 685,639 won by sending a door of the patrol car.

2. The Defendant interfered with the performance of official duties at the same time and place as Paragraph 1, and at the same time and place, the police officer D, who belongs to the Seoul Gangseo Police Station, arrested the Defendant on the charge of damage to public goods, thereby breaking the flaps, and breaking the flaps of the right shoulder in his hand, thereby obstructing the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to a investigation report (a written estimate of general repair expenses to be attached to patrols);

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention in a workhouse is that the Defendant, under the influence of alcohol, assaulted a police officer called out after receiving a report on his/her friendship with his/her relatives and damaged the patrol vehicle, and that obstructing the execution of official duties by assaulting a police officer in lawful performance of official duties is not good.

However, considering the fact that the defendant reflects his mistake in depth, that the victimized police officer does not want the punishment of the defendant, that there is no record of criminal punishment before the criminal punishment, and that there is no record of sentencing as shown in records and changes, the sentence is imposed as ordered.

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