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(영문) 대구지방법원서부지원 2020.11.26 2020고단3495

공용물건손상

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Justice] On September 14, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for an injury, etc. at the Daegu District Court, and on June 28, 2018, the execution of each of the above punishment was completed at the Daegu Prison on April 10, 2019. On August 12, 2020, the Defendant appealed six months of imprisonment with prison labor for an injury to public goods in the Seo branch of the Daegu District Court and is currently in the appellate court at the Daegu District Court.

【Criminal Facts】

At around 23:50 on September 16, 2020, the Defendant: (a) 16, 2020, 1200, 1200, 1200, 1200, 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Evidentiary video CDs showing the current status of documentary evidence, quotation, and damage;

1. Previous records of judgment: Criminal records, investigation reports (verification of repeated crimes, etc.), and application of a copy of judgment statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

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

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] of obstruction of performance of official duties: [No person who is a special person] to nullify public goods [the scope of recommending area and recommendation]; basic area; imprisonment with prison labor for six months to one year and six months [the general person who is a general person] - Aggravation factors: There are no grounds for suspension of execution of the same sentence (less than ten years after the completion of execution) which does not correspond to repeated crimes;

3. In April of the sentencing period, the defendant recognized the crimes of this case, and considering the degree of damage, etc., the lower limit of the sentencing criteria set out in the sentencing criteria is set as the order.