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(영문) 의정부지방법원 2014.04.09 2014고단143

특수공용물건손상

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 01:20 on January 12, 2014, the Defendant damaged goods used by public offices by destroying a suspect waiting person, who is placed in the above police box, in a dangerous article, which is a dangerous article prepared in advance to avoid and have a disturbance, using a knife (6 cm in length on a day-to-day) with the tear-to-face (6 cm in length), which is a dangerous article that had been prepared in advance, under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Police investigation report (CCTV image);

1. Written estimate;

1. The application of photographic pictures, protogram photographs for the suspect, and photographs at the time of committing the crime;

1. Relevant legal provisions on criminal facts, Articles 144(1) and 141(1) of the Criminal Act on the choice of punishment, the reason for sentencing of imprisonment [decision of type] : Invalidity of public property [Special Convict] - Aggravation of the obstruction of performance of official duties as to the obstruction of performance of official duties: In the case of carrying dangerous articles [decision of the recommended area] / [Scope of punishment] 1 to 4 years [Scope of sentenced punishment] / 10 months from 1 to 10 years [ extent of sentenced punishment] - where dangerous articles are carried - Where dangerous articles are carried - there is no effort to recover damage - there is no positive general reference reason - The defendant committed a crime subject to punishment as a crime of destruction of property similar to the crime of this case on several occasions, and in particular, the defendant committed a crime under one-year suspended sentence after being sentenced to imprisonment with prison labor for the same crime in the district court on September 20, 2012, and committed a crime under one-year term of probation.

However, the Defendant committed the instant crime, under the influence of alcohol, is deemed to have committed the rest of the Defendant who lost her gender.