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(영문) 서울남부지방법원 2019.08.14 2018고단1458

공용물건손상

Text

A defendant shall be punished by imprisonment for four 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 March 6, 2018, at around 17:10, the Defendant, under the influence of alcohol in C history located in Seoul, brought the fire extinguishers on the floor without any justifiable reason, and got entrusted by the Seoul Metropolitan Government Office, carried out two unfluent glass parts of the market value of the storage box of relief supplies managed by the Seoul Metropolitan Government Transport Corporation.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of statutes on field photographs;

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 ( considered as follows):

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 44-2 of the Medical Treatment and Custody, etc. Act is to recognize a mistake and reflect it, and it is difficult to deem that the degree of damage is heavy.

However, considering the fact that the defendant has already been punished for the same kind of crime in several times, the defendant's behavior of drinking is an important cause for the crime of this case, there is no family member to look at the defendant, and the defendant seems to have no family member, and it is essential to receive medical treatment for proof of alcoholic content under probation for the prevention of recidivism, it is necessary to determine the punishment like the order.