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(영문) 창원지방법원 2016.11.11 2016고단3036

공용물건손상등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 30, 2016, at around 22:05, the Defendant: (a) expressed repeatedly that “the victim E, a police officer belonging to the D District District, who was dispatched after receiving a report from the Defendant, etc. on the front of the convenience store in Kimhae-si B, was sent within the above convenience store; (b) the victim E, who was a police officer belonging to the D District Unit, was asked the Defendant to ask the Defendant about the circumstances of the instant case; and (c) there were several persons, such as the above convenience store employee F and G, and had a large voice for the victim.” In multiple instances, the Defendant expressed repeatedly that “the victim is not able to take a bath,” and the victim gave the Defendant a warning that “the victim is not able to take a bath.”

Accordingly, the defendant openly insultingd the victim.

2. At around 22:26 of the same day, the Defendant damaged public goods at D Zone D located at H in Kimhae-si, Kimhae-si, and caused violence within convenience points as above, and destroyed the above glass windows so that police officers, such as security guards I, who were arrested as a flagrant offender and under investigation in relation to the crime of insulting the victimized police officers, can not cover the lock. We see that the Defendant’s glass windows for the crime prevention in front of the atmosphere where the Defendant was seated can be considered as the head of the Defendant and the repair cost of KRW 80,000 in total.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 고소장, 수사보고(샷시 및 유리손과 사진첨부 및 견적서 첨부) 법령의 적용

1. Relevant Article 311 of the Criminal Act, Article 141 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the long-term punishments of Articles 37 (former part), 38 (1) 2 and 50 (2) of the Criminal Act shall be aggregated; and