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(영문) 광주지방법원 2014.11.11 2014고단3032

공용물건손상등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. From July 14, 2014 to July 22:10, 2014, the Defendant: (a) took a bath, fluorous, and fright while drinking at Cmatet located in Gwangju Northern-gu, Gwangju; (b) 22:40 on the same day, the Defendant was prevented by the victim E, a police officer belonging to the D District Police Station of the Gwangju Northern Police Station, called out upon receiving a report at around 22:40 on the same day; and (c) went back to the road in front of the said Cmapt; (d) the victim was sexually insultingd by 15 minutes in the form of F, called “the victim was sent along with the victim to the said road coming to and from the public.”

2. On July 14, 2014, the Defendant damaged objects for public use, on the ground that the Defendant was humping to police officers E, etc. at the above location and was not unboomed, thereby damaging objects used by public offices by the Defendant, i.e., the G patrol car belonging to the Gwangju Northern Police Station D Zone D District, which was stopped at the above location, by making it unflaging the right back door due to the outbreak of the G patrol car belonging to the Gwangju Northern Police Station D District, so that they walk up in a vertical way.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of interrogation of the accused;

1. Entry of the prosecutor’s statement concerning E in the statement;

1. Each report on investigation;

1. Application of statutes on photographs of damage;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) An occupation of damage to public goods: Article 141 (1) of the Criminal Act;

(b) The point of insult: Article 311 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That within the scope of the total of the long-term punishments for two crimes, the punishment for concurrent crimes shall be aggravated);

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

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the Defendant’s crime of this case was under the influence of alcohol, thereby damaging things used by police officers to take a bath or walking a patrol car belonging to the D Zone. The Defendant was sentenced to a fine of KRW 1 million on July 2012 and was sentenced to a fine of KRW 5 years during the last five years.