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(영문) 수원지방법원 여주지원 2017.10.31 2017고단1228

공용물건손상등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2017, the Defendant: (a) was at the “D” convenience store operated by the victim C in Gyeonggi-si B on August 27, 2017; and (b) three Co., Ltd., a dangerous object at the drunk display site.

It was damaged by 700,000 won in total of market prices owned by the victim because it was at the display glass and the glass for crime prevention.

2. On August 27, 2017, the Defendant: (a) arrested a flagrant offender on the part of the crime set forth in Article 15:30 on August 27, 2017; and (b) brought the Defendant into the police box E box of the Gyeonggi Pyeong Police Station; and (c) damaged one computer monitoring unit equivalent to KRW 19,000 at the market price, which was the goods on the part of the public office, posted a computer monitor on the floor and used by the public office.

Summary of Evidence

1. Statement by the defendant in court;

1. A damaged photograph;

1. Reports on internal investigation (damage to public structures);

1. A written statement of F, C, and G;

1. Written estimate;

1. Application of Acts and subordinate statutes to a written agreement;

1. Articles 141(1), 369(1), and 366 of the Criminal Act and the choice of imprisonment for a 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence: the scope of the final sentence due to the aggravation of punishment for the mitigated area (four months to ten months), the mitigated area of crimes (Habitual, repeated, special damage, etc.) of Class 1 (Interference with the Performance of Official Duties) of Class 2 of Article 1 of the Act on the Punishment of Crimes (Destruction of Public Goods) (Crime 2 from October to June) of the basic area (Crime 2 of Article 1 of the Act on the Punishment of Specific Crimes (Destruction of Public Goods): October to February 1;

2. The circumstances after the crime of sentencing was committed (the fact that the defendant damaged goods for public use by going to the police box again on the next day after the damage to goods for public use was inflicted) shall be sentenced as ordered in consideration of the overall sentencing conditions under Article 51 of the Criminal Act, such as the circumstances unfavorable to the defendant, the fact that the defendant committed his/her criminal act, the fact that he/she committed the crime, the fact that his/her depth and depth, the damage was restored to the damaged goods, the social relation and family relation,