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(영문) 창원지방법원 진주지원 2021.03.17 2021고단28

공용물건손상

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 16, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny in the Changwon District Court's Jinwon District Court's Jinju branch on October 16, 201, and completed the execution of the sentence in the Changwon prison on June 21, 202.

On November 6, 2020, the Defendant: (a) driven the B Poter freight vehicle that was stolen on the day immediately before around 22:30 on November 6, 2020; (b) and (c) inflicted damage on the e patrol car driven by the police officer D, which was driven by the police officer D.

At around that time, the Defendant: (a) was showing a deadly different length in front of Kimcheon-si F apartment G G, Kimcheon-si, and subsequently stopped after the patrol car was stopped, and (b) damaged the repair cost of KRW 4,045,369 by shocking the front part of the patrol car to the rear part of the patrol car.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each photograph, the detailed statement of the processing of the case to be reported, and a survey report on the actual situation;

1. Written estimate;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (prior convictions, etc.) and other Acts and subordinate statutes;

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

1. Aggravation of repeated crimes: Reasons for sentencing Article 35 of the Criminal Act;

1. Scope of recommended punishment according to the sentencing guidelines, invalidation and destruction of public goods (type 1) shall be the basic area, six months through one year and six months;

2. The police officer destroyed the patrol vehicle that leads to theft during the period of repeated crime and suspended execution due to another crime that is different from the sentence of sentence.

The risk of crimes is high in light of the means and methods of crimes.

One of them is recognized to commit a crime.

Other consideration of the health status, etc. of the accused.