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(영문) 대구지방법원 상주지원 2016.02.02 2015고단588

재물손괴등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 5, 2015, at around 22:30 on October 22, 2015, the Defendant damaged the victim C’s Yacheon-gun B, which was operated by the victim C, to listen to the horses of calculating the drinking value of KRW 300,000,000 of the drinking value of 2 sick per week from the victim’s 2 bar room operated by the victim C, and “no drinking value” and “no drinking value” and “no drinking value” and “no fluent fluent fluent fluent fluent flus” and “no fluent fluent fluent fluss

2. On October 5, 2015, the Defendant: (a) was voluntarily accompanied to a police box of the 1208 Yancheon Military Police Station, Parkcheon-ro, 1208, by the instant case as indicated in paragraph (1) around October 23:19, the Defendant damaged public goods; (b) confirmed the circumstances of the instant case; (c) calculated the drinking value; and (d) found the defect that the police officer would have returned home; and (c) determined that it would interfere with the performance of official duties,” the Defendant’s use of the goods by cutting down the table, who was a public goods box inside the lock box, and destroying the glass amounting to KRW 6,00,00 at the market price on which the table was located, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (a written estimate of damage);

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act that selects a punishment ( point of damage to property), Article 141 (1) of the Criminal Act ( point of damage to public property) and choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing period under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order, and Article 62-1 of the Act on the Punishment of Specific Crimes (Obstruction of Performance of Official Duties) / [the scope of recommending punishment] the basic area (six months to one year and six months) / [the scope of recommending punishment] / the basic area (four months to ten months) of the first type (damage, etc.) / the basic area (the scope of recommending punishment] / the final sentencing range due to the addition of multiple crimes for which there is no person who has been no person subject to special sentencing: Six months to one year [the sentence] / November 2013. The defendant interferes with the execution of official duties in 2013.