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(영문) 창원지방법원 2017.02.15 2016고단4024
공용물건손상등
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

1. On September 24, 2016, around 00:05, the Defendant: (a) at the D restaurant located in Kimhae-si, Kimhae-si, the Defendant was found to have a defect in credit; (b) however, the Defendant was found to have failed to reach credit; (c) the victim F (60) and franchis, who was the customer with whom the Defendant observed, committed assault against the victim on the floor of his/her hand when he/she was able to less than 2.

2. 공용 물건 손상 피고인은 2016. 9. 24. 00:28 경 김해시 가락로 30에 있는 김해 중부 경찰서 중앙 치안 센터에서 피고 인의 인적 사항 및 사건 경위 등을 묻는 경찰관들을 향해 “ 내가 뭘 잘못했는데 씨 발 놈들 아. 내 자식보다 못한 새끼들이. 이 개자식들 호로 자식들 아.” 라는 욕설을 하면서 발로 책상 앞 파티션을 걷어 차 파티션 상단 파손 등 공용물을 손상하였다.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Application of the police statement protocol to F and the Acts and subordinate statutes related to damaged photographs;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act [favorable circumstances] of the Act on the Protection and Observation of Social Service, damage to public goods, injury, etc., the suspension of execution and a large number of fines for violent crimes, the fact that there is no efforts to recover damage, the fact that there is a previous conviction in the suspension of execution during the last five years [the favorable circumstances] that the degree of damage to public goods is minor, and the fact that the degree of damage to public goods is late

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