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(영문) 대구지방법원 2015.04.14 2015고단550

공용물건손상등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) at the general military court of the Korea Armed Forces on June 19, 2014, and completed the execution of the sentence in the military prison on October 19, 2014.

1. On January 3, 2015, around 05:55, the Defendant assaulted the victim’s face on the part of “C” located in Daegu Northern-gu B, Daegu Northern-gu, and committed assault on the same day under the influence of alcohol, and when the victim D (the age of 16) reported the Defendant to the police, the Defendant was able to walk the victim’s vessel once, and then walked with the victim’s face at his/her hand.

2. On January 3, 2015, at around 06:20, the Defendant damaged public goods at the place indicated in paragraph (1). On the same date, at around 06:20, the Defendant informed the police officer who was assaulted D, and was dispatched to the site after being reported 112, and was arrested as an flagrant offender from the police officer on the back seat of the said patrol vehicle, and went on the back seat of the said patrol vehicle, and led the department to take the back of the back seat of the said patrol vehicle at a number of times to walk down the back seat of the said f6

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The photograph of the damaged vehicle and estimate;

1. Previous convictions indicated in judgment: Application of references to criminal records, etc., each investigation report (No. 12 through 18 of the evidence list);

1. Article 260 (1) of the Criminal Act (a point of violence) and Article 141 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of the recommended punishment according to the sentencing guidelines – Crimes 1 (Obstruction of Performance of Official Duties) [Scope of Recommendation] - There is no basic area (6 months to 1 year and 6 months) of category 1 (Invalidity of Public Goods), the basic area (6 months to 1 year and 6 months) of the destruction of public goods - Crimes 2 (Assault / [Scope of Recommendation)] the aggravated area (4 months to 1 year), the aggravated area (general violence) (4 months to 1 year), the aggravated area (special violence), the aggravated area (4 months to 1 year) of the same repeated offense: 6 months to 2 years;

2. Taking into account the circumstances;