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(영문) 대전지방법원 2015.06.17 2015고단437 (1)
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2012, the Defendant was sentenced to eight months of imprisonment for the crime of injury and obstruction of performance of official duties at the Daejeon District Court, and completed the execution of the sentence at the Jinju Prison on November 3, 2014.

[2015 Highest 437] The Defendant committed the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to mental illness, such as an on-site illness:

1. On February 2, 2015, the Defendant: (a) around 16:20 on February 2, 2015, at the “F” restaurant operated by the victim E, located on the first floor of the D building located in Daejeon Dong-gu Daejeon, for employees to engage in different activities; and (b) took a theft with cash storage of KRW 20,000,000 in the victim’s possession during the period between one eye and one eye.

2. On February 10, 2015, around 12:39, the Defendant damaged public goods by putting in hand the ambling roll (rawls) equivalent to KRW 70,00 won at the market price, which is a public object installed at the window of the said ambling zone, on the ground that the Defendant was arrested at the H District District of the Daejeon East Police Station located in Daejeon Dong-gu, Daejeon and brought in the emergency arrest under suspicion of larceny, such as the description of paragraph (1), at the H District of the Daejeon Dong-gu, Daejeon.

Accordingly, the defendant damaged public goods and harmed their utility.

3. The Defendant committed an act, such as spitation, etc., on the face of the above I when and at the same time and place as Paragraph 2, when he was forced to refrain from doing the act as Paragraph 2 from the circumstances where he belongs to the said H District.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigation and prevention of police officers.

[2015 Highest 761] When the Defendant lacks the ability to discern things or make decisions due to mental illness such as tidal illness, etc., the Defendant, around November 30, 2014, at around 17:20, applied for one cigarette from the “L convenience store” operated by the Victim K in Jongno-gu Seoul, Jongno-gu, Seoul, for one cigarette to Abane M., and then collected KRW 180,000 in cash owned by the victim, who returned to the said Mors Round to take out the tobacco displayed in the display stand.

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