(영문) 전주지방법원 2015.11.19 2015고단1438

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2015.11.19 2015고단1438

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

On July 30, 2015, the Defendant: (a) around 08:50 on July 30, 2015, the Defendant: (b) had a public official in charge of social welfare who is registered as a basic living recipient at the D community service center located in C, and had the public official in charge of social welfare receive the supply of and demand for basic living; (c) requested to investigate and cancel it; and (d) had the public official in charge of other affairs receive the call to the above F; and (d) had the public official in charge of the above E, “in accordance with the principle, spons, and spons,” and caused the damage of KRW 18,00,00 for repairing the said computer monitor.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to seven years from the scope of applicable sentences in law; and

2. Where the value of goods that have been invalidated or destroyed (special mitigation) is insignificant in the mitigated area (one month to eight months) of types 1 (Invalidity of Public Goods) shall be mitigated according to the sentencing guidelines;

3. Determination of sentence: (a) the nature and circumstances of the instant crime are not good; and (b) the Defendant, at the Jeonju District Court’s branch on March 24, 2003, issued a summary order of KRW 1.5 million for the damage of public goods, etc. on several occasions; and (c) the Defendant has been sentenced to a summary order of KRW 1.5 million.

However, the fact that the defendant recognized the crime of this case and is in depth divided, the cost of repairing damaged computer monitors is small, and the acceptance of damaged computer monitors has been completed by the defendant with the cost of repairing, and other matters.

참조조문

-형법 제62조 제1항

-형법 제141조 제1항

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