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(영문) 대구지방법원 영덕지원 2020.02.19 2019고단229

공용물건손상등

Text

A defendant shall be punished by imprisonment for a term of six months and a fine of six hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 13, 2016, the Defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. in the Yeongdeungpo Branch of the Daegu District Court on May 10, 2018 and completed the enforcement of the sentence.

1. On November 22, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) while drunked at a sounder box located in 20-ro 10-gil in Ulsan-gun, Ulsan-gun, Ulsan-gun on around 04:05 on November 22, 2019; (b) while working at the said box, the Defendant was able to avoid disturbance for about 14 minutes, such as: (c) while taking a bath to the police officer who was working at the said box, “this spawn shall also sat down.”

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. On November 22, 2019, the Defendant damaged public goods was arrested as a flagrant offender on the same day due to the crime described in paragraph (1) around 04:17, and was detained in the detention room of the Yeongdeungpo-gu Police Station located in Yong-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around 08:10 on the same day.

While the Defendant used an employee toilet in the above detention room, the Defendant’s lids installed in the toilet changing machine and the lids from the change lids are opened several times by hand, and damaged their utility by destroying the lids of the total amount of KRW 740,000, which are goods used by public offices, by breaking the lids on the floor inside and destroying.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against B, C, and D;

1. Each internal investigation report and each investigation report;

1. The circumstantial statement of the offender and each 112 reported case handling statement; and

1. Written estimate;

1. Each photograph, CCTV, video CD;

1. Previous records of judgment: Application of Acts and subordinate statutes to report internal investigation (Attachment to suspect's records of confinement information), criminal records, reply reports on criminal records, investigation reports (report on confirmation of the same kind of power);

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance of cancellation by government offices, selection of fines), and Article 141 (1) of the Criminal Act (the point of damage to public goods and choice of imprisonment);

1. Aggravation for repeated crimes;