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(영문) 대구지방법원 상주지원 2015.10.20 2015고단405
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. Around August 15, 2015, around 01:10, the Defendant causing property damage indicated as D in the written indictment of the Victim C, which is located in the Dong-si, but in light of C’s written statement of the police officer (record No. 23) against C, correction is apparent. In addition, without any special reason before the victim’s house, the Defendant destroyed the repair cost of KRW 350,000 by walking the wall pole of the victim’s residence without any justifiable reason.

2. 공무집행방해 피고인은 2015. 8. 15. 01:33경 문경시 B 앞에서 제1항과 관련하여 112신고를 받고 출동한 문경경찰서 E파출소 소속 경위 F와 경사 G가 피고인의 인적사항을 묻자, 위 경찰관들에게 “씨팔, 민중의 지팡이 맞아요, 짭새들아, 좆나 웃기네, 우리 아빠 모르나요, 씨팔놈들아, 내가 뭘 잘못했어.” 라고 말하면서 양손으로 경위 F의 가슴을 1회 밀쳐 폭행하였다.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties.

3. On August 15, 2015, the Defendant damaged public goods: (a) around 01:37, the Defendant written indictment of KRW 330,00,00 in the market price of KRW 330,00,00, which is favorable to strengthening by the Estation of the police station located at H at the time of literature and longitude; (b) however, in light of the quotation (in the case of a written estimate, page 62 of the investigation record), it is obvious that the Defendant is a clerical error; (c) so, the Defendant was unable to properly close the entrance by

Accordingly, the defendant, who is a public office, has harmed the utility of the articles used by the police station E (a police station).

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police with respect to C and F;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, and the choice of fines for negligence;

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

1. Detention at a workhouse;

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