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(영문) 대구지방법원 서부지원 2019.06.28 2018고단3544
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 21, 2018, the Defendant, who did not comply with the withdrawal, requested the victim to take out of the Daegu-gu C market operated by the victim B on the 17:20th day of November 21, 2018. However, the Defendant did not take about about 20 minutes until he was arrested of the police officer dispatched upon receipt of the report, such as continuing to put the victim out of the victim’s crypt, and continuing to put the victim out of the facility.

Accordingly, the defendant did not comply with the demand of the victim to leave.

2. On 19:00 on the same day as above 1.3, the Defendant damaged the wall of the police station office in the course of walking the wall at several times and destroying the lower part of the wall to repair the wall in a way that the Defendant 3,458,000 won was arrested as a flagrant offender due to the act described in the above 1.1.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning a report on investigation (Attachment of photographs) and a written estimate;

1. Relevant Article 141(1) of the Criminal Act, Article 319(2) and (1) of the Criminal Act and Article 319(1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. In light of the fact that the Defendant committed the instant crime even though there are many criminal records related to violence, and even if there are many criminal records related to sentencing under Article 62(1) of the Criminal Act, it is necessary to strictly punish the Defendant.

Meanwhile, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the degree of damage, details of the crime, degree of the crime, criminal records, criminal records, circumstances after the crime, prosecutor's life penalty (eight months of imprisonment) is difficult (such as recipients of basic life), economic circumstances, etc., the decision is made as above.

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