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(영문) 청주지방법원 영동지원 2020.02.06 2019고단171

공용물건손상등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On November 8, 2019, at around 04:14, the Defendant interfered with the business of the victim D, who was drunk in front of the C hospital emergency room located in the Chungcheongnamcheon-gun B, and works as a nurse in the emergency room in the above hospital, stated that “Ap. . f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. c

2. On November 8, 2019, at around 05:10 on November 8, 2019, the Defendant damaged public objects, the Defendant received a penalty payment notice from G police officers belonging to the above police station in relation to the act of throwing cigarette butts on the street in front of the F District Mocheon-gun, Chungcheongnam-gun, the Defendant was on the floor of a pole by cutting away a portable frant used by G from a police officer belonging to the above police station to print out the payment notice again.

Accordingly, the Defendant damaged the goods used by public offices to cover approximately KRW 40,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. G statements;

1. Application of Acts and subordinate statutes to internal investigation reports (STV image verification), investigation reports (attached specifications of repair of products);

1. Relevant Article 314 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), the choice of punishment for the crime (the point of damage to public goods and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First offense (damage to Public Goods) (Determination of Penalty) is a violation of obstruction of the performance of official duties (Article 1). The recommended sphere is that there is no person who is no person who is a special person (Article 1) to nullify or destroy public goods.