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(영문) 서울북부지방법원 2016.11.30 2016고단4485

공용물건손상

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 14:20 on October 8, 2016, the Defendant: (a) 14:20, while drinking alcohol in front of the Gangseo-gu Seoul, Gangnam-gu, the Defendant was fluored to the back seat of the patrol police box affiliated with the Seoul Gangseo-gu Police Station C police box called out after being reported 112 while drinking alcohol and drinking expenses; (b) 14:40 on the same day, the Defendant was fluor (a length, 16 m in length, 17 m in length) on the road near the Defendant’s residence located in Gangnam-gu, Seoul; and (c) was fluoring the patrol to the direction of the patrol; (d) was fluoring the back part of the patrol, fluoring the fluor, fluoring the fluor, and fluoring it.

In this way, the Defendant damaged patrol cars used by public offices, thereby impairing their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear statements from shots);

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [the scope of recommending punishment], the basic area (six months to one year and six months) (no special person) of the type 1 (Invalidity of Public Goods) shall be the invalidation and destruction of public goods;

3. The crime of this case by which the sentence of sentence is to be sentenced is very bad in terms of the risk of the act of cutting down a breath of a breathous defendant returning home and then damaging the breath of the patrol car, establishment of national law and order, and eradication of the light of public power.

However, it is more favorable that there is no history of punishment exceeding fine for the defendant, there is a disability in the bridge due to aftermathy aftermathy, and that there is a reflection against it.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.