beta
(영문) 광주지방법원목포지원 2020.10.27 2020고단332

공용물건손상

Text

A defendant shall be punished by imprisonment for not less than eight 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

피고인은 2019. 12. 4. 20:07경 목포시 B에 있는 C 주점 앞 노상에서, 피고인이 술에 취해 소란을 피운다는 112 신고를 받고 출동한 목포경찰서 D지구대 소속 경위 E, 순경 F 등으로부터 귀가를 권유받자, 위 E 등을 향해 “이거 내가 한번 부숴봐 씨발놈들아”라고 욕설을 하며, 공용물건인 G 112순찰차량(순12호)의 사이드미러와 조수석 쪽 문을 발로 수회 차고, 양손을 세게 잡아당겨 수리비 573,571원 상당이 들도록 손괴하였다.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Investigation report (on-site situation, etc.), and site photographs;

1. Seismic report (Attachment to a photograph by cutting a publicphone image) - capss;

1. Report on internal investigation (Attachment of estimates for damaged vehicles) - Application of written estimates Acts and subordinate statutes;

1. Article 141 (1) of the Criminal Act applicable to the crimes and Article 141 of the Election of Imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the invalidation and destruction of public goods [Type 1] The invalidation of public goods [the scope of recommendations and recommendations] is without any person [the scope of a special person]. The basic area of recommendations and recommendations] the basic area, six months to one year and six months [the general person] - Where the invalidated or destroyed goods are recovered from damage (the grounds for suspension of execution of punishment] - Where the destroyed goods are recovered from damage (the grounds for suspension of execution of punishment of punishment of a person who has been invalidated or destroyed: The same criminal record (the period of suspension of execution of execution

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, community service hours for 80 hours;