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(영문) 전주지방법원 2017.02.08 2016고단1443

공용물건손상미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized one (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On August 26, 2015, the Defendant was sentenced to two years of imprisonment and a fine of three hundred thousand won by the Jeonju District Court due to damage to public goods, etc., and completed the execution of imprisonment with labor in a military prison on November 18, 2015.

[2] On August 22, 2016, the Defendant: (a) around 14:25, at the front of the front state police station in the front state of the front state of the front state located in the Yancheon-gu, Jeonsan-gu, Jeoncheon-gu; (b) around May 29, 2012, on the ground that the Defendant, before the front state district court, ordered a summary order of KRW 2 million to be issued in the military capital branch of the Jeonju District Court on May 29, 2012, on the ground that he would be subject to a new trial by filing an application for the written indictment to change the indictment, stating that “The Defendant would be subject to a new trial by changing the indictment to the prison,” and she saw the hacks (total length of 42 cm) in front of the front state.

Accordingly, the Defendant attempted to damage the above door glass, which is a case of public goods used by public offices, but was attempted by police officers dispatched to the marina erosion site to prevent the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Cd and photographics of motion pictures;

1. Each investigation report;

1. Previous convictions: Inquiry into criminal history, application of investigation reports (the same workplace rulings and confirmation of the period of repeated crimes) Acts and subordinate statutes;

1. Articles 143 and 141 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Act concerning confiscation

1. In a case involving damage to public goods in Jeonju District Court 2012 and 362, Jeonju District Court 2012 and 362, the Defendant’s assertion was previously finalized, despite the fact that E violated the laws and subordinate statutes and municipal ordinances, and thus, it cannot be punished as a legitimate act.