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(영문) 춘천지방법원 강릉지원 2019.03.28 2017고단1499

공용물건손상

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

On November 18, 2017, around 03:35, at the center of the East Sea, the Defendant solicited a business bank in front of 229 (Yecheon-dong) to return home, after receiving a report of 112 that there was a customer who is going against the disturbance, the Defendant damaged the above antenna, which is an object to be used by a public office by plucking, plucking, plucking, etc., of an unelectric antenna attached to the upper end of the patrol car of the East Sea Police Station B, which was called up.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (in relation to the situation at the time of field entry) and a report on investigation (in relation to a damaged antenna or a quotation attached);

1. Written estimate;

1. Application of damaged antenna photography statutes;

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;

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

1. The scope of punishment by law: One month to seven years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of punishment for obstruction of performance of official duties: [Article 1] the invalidation and destruction of public goods [Special Convicts] - mitigated elements: Where the value of the goods that have been invalidated or destroyed is insignificant [the scope of recommendations and recommendations] mitigation area, there is no person who has been sentenced to imprisonment with labor for one to eight months [the grounds for suspension of execution of punishment] [the grounds for suspension of execution of punishment] - Major prides: Where the degree of assault, threat, and deceptive scheme is minor;

3. Determination of sentence: 6 months of imprisonment with prison labor and 2 years of suspended sentence are not severe, but the defendant has been punished several times due to the same kind of violent crime including imprisonment with prison labor and suspended sentence.

The defendant is waiting to commit a crime, reflects the wrongness, and does not repeat the crime.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.