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(영문) 서울동부지방법원 2019.03.27 2019고단249

공용물건손상

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 05:05 on January 9, 2019, the Defendant: (a) recommended the police officers to pay and return a taxi fee from 112 on the front of the 1097 Gangseo-dong Station No. 4-dong Station No. 1097, under the Gangdong-gu Seoul Metropolitan Government Ordinance; (b) the Seoul Gangseo-dong Police Station B District No. Gyeong-dong Police Station, and the police officers to pay for the taxi fee and return to Korea; and (c) the police officers to pay for the taxi fee. In addition, the Defendant: (a) paid the taxi fee and the police officers paid the taxi fee, thereby damaging the back part of the patrol vehicles that the police officers walk once on the right part of the 59,500 won of the repair cost.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of an event, a written estimate, a report on 112 reported cases, and a detailed inquiry;

1. Summary of evidence of damage;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each report on internal investigation:

1. Application of the Acts and subordinate statutes governing the 112 reported case handling box and the port of territorial sea patrol box;

1. Article 141 (1) of the Criminal Act applicable to the crimes and Article 141 of the Election of Imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: A favorable circumstance in which the Defendant was sentenced to a fine on the grounds of obstruction of performance of official duties, etc., as well as the Defendant was sentenced to a fine on several occasions due to violent crimes, etc.; the Defendant recovered from damage by paying the repair cost of the patrol car in this case; and the Defendant’s character and conduct, and the circumstances of sentencing as shown in the trial process of this case, including the following circumstances, shall be determined as the sentence