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(영문) 광주지방법원 2017.07.19 2017고단2360

공용물건손상

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 29, 2017, the Defendant, at around 00:05, damaged goods used by public offices by 5,000 won in walking the door gate of the G patrol vehicle, following the notification of 112 that the Defendant and his/her juice C, and D, who were in dispute, shall be arrested as an flagrant offender in the assault case, from E, F, etc., the circumstances belonging to the police station of the Gwangju Northern District called the Defendant, to which he/she was dispatched, and the Defendant was arrested as an offender in the assault case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written estimate for automobile inspection and maintenance;

1. Application of statutes on the photograph of the case

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of the type 1 (decision on the sphere of recommendation] (decision on the invalidation of public goods], the basic area of the punishment (decision on the sphere of recommendation] from six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

The circumstances at a disadvantage: It is not limited to simple damage to public goods, and it obstructs the operation of patrol vehicles under the patrol vehicles, and the circumstances favorable to the fact that there is a record of having been sentenced to imprisonment due to the obstruction of the execution of official duties, the crime of fines, the crime of damage to public goods, etc.: The repair cost of the crime of this case is not significant; the confession of the crime of this case; the confession of the mistake; the detention of the defendant is likely to cause excessive difficulty in the livelihood of the family members supported by the defendant, if the defendant is detained.