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(영문) 서울남부지방법원 2018.01.12 2017고단4813

공용물건손상등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around July 3, 2017, around 15:30 on July 3, 2017, the Defendant entered a room where “C” located in Geumcheon-gu Seoul Metropolitan Government, D (62 taxes), D (62 taxes), and victim E (52 taxes) meals, and the victim E pushed the Defendant out and pushed the Defendant out of the room, and was at the time of the victim E head.

In this respect, the defendant carried dangerous objects and assaulted victim E.

2. On July 3, 2017, around 18:35, the Defendant damaged public goods, at the Seoul Geumcheon Police Station’s criminal watch room located in 1435, Namcheon-gu, Seoul, Seoul, Seoul, Seoul, the Southern-gu, Seoul, as a criminal of special assault, is sending why he/she is the victim of weather.

“The partitions, as they are sound, shall be extracted from the partitions fixed in the front of the investigator.”

Accordingly, the defendant damaged the market value of goods used by public offices to maintain the repairs cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Investigation report ( CCTVs related to damage to public goods to suspect A) and the application of CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (Special Violence, Selection of Imprisonment with prison labor) concerning the facts constituting an offense, and Article 141 (1) of the Criminal Act (damage to goods for public use and Selection of imprisonment with prison labor);

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 sentencing guidelines set forth in Category 1 (Assaults) of the Sentencing [Scope of Recommendation] Crimes (Assaults) 6 (Habitual Cumulative Cumulative Cumulative Cumulative Cumulative Cumulative Habitual Crimes and Special Violence) / [Special Mitigations] / In the event that the mitigation area (including efforts to recover damage) of the mitigation area, or considerable damage has been restored, the crime 2 (Obstruction of Execution of Public Services) / [Scope of Recommendation] invalidation and destruction area (1 month to 8 months) of the mitigation area (special mitigation area) / Where the value of the article that has been invalidated and destroyed is minor, the final sentence scope according to the increase of multiple crimes: April to June 2: