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(영문) 부산지방법원 2017.11.17 2017고단4311
공용물건손상
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act by this court, and on October 13, 2016, the Defendant completed the execution of the sentence at the Busan Detention House.

On July 19, 2017, the defendant was detained separately, and was confined to the Busan High School (the President of the Busan High School) and the defendant was living on July 19, 2017.

The wall boom attached to the wall of the I room (hereinafter “instant television”) was brupted by a brush with a tree brue in good hands while viewing with other prisoners, and was accompanied by a brushed television to the instant television.

Accordingly, the Defendant destroyed the instant television (the market price equivalent to 77,357 won in consideration of depreciation) used by public offices, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. A work report prepared by J, a written statement to K, and a statement to K;

1. Each photograph, image output, and quotation;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] : (a) the basic area of Article 35 of the Criminal Act for the invalidation and destruction of public goods (the decision of sentence for six months to one year) / [the decision of sentence] the crime of this case is committed, (b) the person who committed the crime of this case while being detained, and (c) the person who committed the crime of this case; (d) the person who has already been sentenced to punishment of interference with the performance of public duties; (b) the defendant has already been subject to punishment of 22 days for the crime of this case; (c) the defendant has already been subject to punishment in the detention house; (d) the damage to the television of this case does not cause any particular hindrance to public duties, such as the management of inmates in the Busan detention house; (d) the defendant has not been subject to heavy damage; and (e) the defendant compensates for the total amount of damage equivalent to the amount of the damage.

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