beta
(영문) 서울중앙지방법원 2020.06.08 2020고단748

공용물건손상등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on October 22, 2019, the Defendant used assault to the effect that he was drunkly drunkly in front of Gangnam-gu Seoul, Seoul, and subsequently was along a path, the Defendant used assault to the effect that he was “I are equal in her face,” and that he was “I are equal in her face.”

2. On October 22, 2019, around 02:40 on October 22, 2019, the Defendant damaged public goods by means of using assault as described in the above paragraph (1) at the Hannam Police Station Station of Gangnam-gu Seoul, Gangnam-gu, Seoul, Seoul, as well as 687-10, and receiving voluntary demand from police officers dispatched at the time, due to an act of taking a bath, etc., and causing damage to the Defendant’s public goods, while under the influence of alcohol, the Defendant was under the influence of alcohol, and thereby, damaged the Defendant’s damage by using a auxiliary method, putting about KRW 154,00 of the market price used at the above station.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of C, E, and F;

1. Photographs damaged public goods;

1. Application of the Acts and subordinate statutes on CDs taken by the calendar;

1. Relevant Article 260(1) of the Criminal Act, Article 141(1) of the Criminal Act (a point of violence), the choice of imprisonment for a crime, the choice of a penalty, and the choice of imprisonment for a crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, or Article 50 (Concurrent Crimes within the scope of the sum of the long-term punishments prescribed in the crime of damaging Public Articles heavier than punishment) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of punishment] : Imprisonment with prison labor for one month or nine years [the decision of a sentence] - Violence crime: Violence crime, assault crime, Type 1 (General Violence) - Destruction of Public Goods: obstruction of performance of official duties, invalidation and destruction of public goods, Type 1 (Invalidity of Public Goods) - Violence: unspecified.