(영문) 대구지방법원 안동지원 2018.10.19 2018고단440

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 안동지원 2018.10.19 2018고단440

공용물건손상

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 18, 2018, the Defendant was installed on the wall of a ward in Andong-dong Dong-dong Dong-dong Dong-dong, Ansan-si, Chungcheongnam-si, Pungsan-si, 4380-23, Dong-dong, Dong-dong, Dong-dong, Dong-dong.

During watching the World Cup games in the Republic of Korea and Sweden, the said TV was reduced, and C in the same room again damaged the said TV to be 314,500 won for repair on a one-time basis due to the launch of the said TV in a height of the said TV.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A working report;

1. Application of Acts and subordinate statutes to a report on investigation, a report on investigation, and a report on investigation (the head of the acquisition of goods and a written estimate);

1. Relevant Article 141 (1) of the Criminal Act concerning the crime, Article 141 of the Criminal Act concerning the selection of punishment, and reasons for sentencing of punishment of imprisonment;

1. Where the value of the article that has been invalidated or destroyed is insignificant in the area of mitigation (not more than eight months (special mitigation) in the area of mitigation (not more than eight months), which is a type of article that has been invalidated or destroyed by the sentencing criteria [the scope of the recommended punishment];

2. The fact that the value of the goods damaged by the sentence is not relatively large, and that the Defendant recognized his mistake and reflects it is favorable for the Defendant.

However, the defendant damaged TV installed in the facility without any special reason without being able to do so while living in prison, and in order to correct the maintenance of order and the administrative discipline in prison, it is necessary to strictly punish such crime.

The defendant is sentenced to imprisonment with prison labor due to the same crime of destroying property, etc., and the attitude of the defendant's living is not good.

Until now, damage has not been restored.

In addition to this, the defendant's age, sex, environment, motive and circumstances of the crime, and circumstances revealed in the trial process shall be determined as ordered by considering the whole.

참조조문

-형법 제141조 제1항

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