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(영문) 수원지방법원 평택지원 2017.03.29 2016고단2690

재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. 재물 손괴 피고인은 2016. 11. 2. 04:55 경 평택시 B 피해자 C 운영의 'D' 앞길에서, 별다른 이유 없이 길가에 세워 져 있던 휴대전화 대리점 광고판을 발로 차 그 옆에 주차되어 있던 피해자 소유 차량 조수석 바퀴 부분에 부딪히게 하고, 계속하여 그 옆에 설치되어 있던 피해자 소유의 ‘D’ 배 너 간판을 들어서 집어 던지고, 발로 수회 걷어찼다.

As a result, the defendant damaged the front gate signboard on the market and damaged the above vehicle to the extent of 282,00 won, such as wheel repair.

2. On November 20, 2016, the Defendant who damaged public documents was investigated in relation to paragraph 1 at the office of Pyeongtaek-si Police Station E office at Pyeongtaek-si Police Station at the center of Pyeongtaek-si, 67, the police officer in charge printed out the protocol of interrogation of the suspect and read it to the NAN, and then there is no such statement.

“A person who voluntarily revises some of the contents, and continuously demanded the police officer in charge to re-printed the protocol of interrogation of a suspect, but brought about a protocol of interrogation of a suspect cited by the police officer in charge, and thrown away the tear.

Accordingly, the defendant damaged the protocol of interrogation of suspect, which is a document used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of C, F and G;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to each investigation report (case of submission of written estimates, case of vehicle damage, and case of documents damaged);

1. Relevant Article 141 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (a point of damaging documents for public use, choice of imprisonment), and Article 366 of the Criminal Act (a point of destroying property and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act (within the scope of recommended sentencing guidelines) for observing protection and providing community service orders;

1. Application of the sentencing criteria;

(a) 1 offence (property damage) -.