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(영문) 서울중앙지방법원 2016.04.28 2016고단1596

공용물건손상

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 17, 2016, at around 00:005, the Defendant discovered a cnata patrol vehicle belonging to the Seoul Gangnam-gu Police Station, Gangnam-gu, Seoul, which was parked at the front of Seoul, and, without any reason, removed rainwater shacks attached to both windows by sending back back the back glass of the driver’s seat of the said patrol vehicle and damaged the said patrol vehicle, which is an object used by public offices, so that the repair cost would be equivalent to 22,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A damaged photograph;

1. Notification to a department related to reporting 112 cases;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of transaction statements);

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment;

1. The Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant crime, as to the assertion of mental and physical disorder as to Article 62(1) of the Criminal Act ( considered favorable circumstances as seen below)

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

Reasons for sentencing

1. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is minor in the value of the article that has been invalidated and destroyed, in the area of mitigation (one month to eight months), in the area of mitigation (the invalidation of public goods) (one month to eight months);

2. Circumstances disadvantageous to the decision of sentence: The above circumstances and the defendant's age, sex, career, and experience; the fact that there are several times of punishment for the same crime and violence crimes; the circumstances favorable to the failure to reimburse the amount of damage: the error is against the law; the damage seems to be relatively minor; and there is no penalty sentenced to a fine or more severe punishment: