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(영문) 전주지방법원 남원지원 2018.11.14 2018고단216
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2018, the Defendant, at the bus stop in front of the “D” convenience store located in the Namwon-si, Namwon-si, Seoul. On September 2, 2018, the Defendant: (a) 112 reported by the Defendant due to the Defendant’s assaulting of E, and (b) tried to leave the scene without disclosing the personal information of the Defendant; (c) the police officer, who arrested the Defendant in the act of committing a flagrant act and tried to leave the scene to remove from the scene; and (d) hit the police officer’s protection preventing the driver of the patrol intending to take aboard the patrol car.

Accordingly, the Defendant damaged the patrol car, which is a public object used by public offices, to have approximately KRW 55,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Photographss related to the violence and destruction of public objects;

1. Application of Acts and subordinate statutes to a report on investigation (related to the submission of a written estimate of damaged patrol vehicles);

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for not more than seven years;

2. Reduction element of the sentencing criteria [the types of decisions] applicable to the application of the sentencing criteria (the determination of types of recommendations) and the invalidation and destruction of public goods (the invalidation of public goods): Where the value of the goods that have been invalidated or destroyed is insignificant (the person subject to general sentencing): where the goods that have been invalidated or destroyed have been destroyed are damaged (the person subject to general sentencing): Where the damaged or destroyed goods have been damaged (the scope of recommended sentences) reduced area [the scope of recommendation] reduced area (the scope of recommendation punishment] reduced area

3. The crime of this case where a sentence of sentence was rendered is deemed to have been destroyed or damaged by the defendant against the lawful execution of official duties by the police officer, and the nature of the crime is poor.

Defendant has already been punished several times for the same kind of crime of violence.

These circumstances are disadvantageous to the defendant.

However, it is relatively minor to the extent that the patrol car in the judgment is destroyed by the defendant, and all the repair costs are borne by the defendant.

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