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집행유예
(영문) 서울중앙지방법원 2016.8.30.선고 2016고단3976 판결
2016고단3976공용물건손상,퇴거불응·2016고단4091(병합)·2016고단4192(병합)·(병합)
Cases

2016 Highest 3976 Injury to public goods, non-compliance with removal

2016 Highest 4091 (Joints)

2016 Highest 4192 (Joints)

2016 Highest 4708 (Joints)

Defendant

A person shall be appointed.

Prosecutor

Kim Sung-hun (prosecutions) (Public Prosecutions) and lectures (public trial)

Defense Counsel

B (National Ship)

Imposition of Judgment

August 30, 2016

Text

A defendant shall be punished by imprisonment for not more than four months.

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

Reasons

Criminal facts

“2016 Highest 3976

At around 30, Jun. 9, 2016, the Defendant: (a) had weak ability to discern things due to a mental fission, etc.; (b) caused damage to public goods by cutting off the E-Public Relations Packer (bnnnnnnnnnnnn) box installed in Gangnam-gu Seoul Metropolitan Government Seoul Metropolitan Police Agency’s publicity model on the ground that E-Public Relations Packer (bnnnnnnnnnnnnn) was not in mind.

" 2016 Highest 4091"

In a state where the Defendant lacks the ability to discern things or make decisions due to mental fissions, etc., the Defendant damaged public goods due to the lack of the ability to discern things or make decisions at around 10:0 on June 7, 2016, the D Boxes in Gangnam-gu Seoul Metropolitan Government, and on the ground that the artist E, a publicity model model of the Seoul Metropolitan Police Agency, was not in mind.

"2016 Highest 4192"

While the Defendant lacks the ability to discern things or make decisions due to mental fissions, etc., on June 8, 2016: around 30:30, at the D Boxes located in Gangnam-gu Seoul Metropolitan Government, on the ground that E, a publicity model of the Seoul Metropolitan Police Agency, was not in mind, the Defendant destroyed the effectiveness of public goods by spreading the amount equivalent to 30,000 won at the market price managed by the victim F, a victim F, who was on the front of the said Police Agency.

“2016 Highest 4708

While the Defendant lacks the ability to discern things or make decisions due to a mental division, etc., on May 4, 2016: around 55, the Defendant: (a) at a G police station located in Gangnam-gu Seoul on the grounds that the police officer affiliated with the above police station did not take a bribe on his/her own request; (b) “whether the police officer took a bribe?” Even though the Defendant was requested by the police officer to have the police officer go home from H while avoiding disturbance, the Defendant was unable to comply with the demand of the police officer to leave for about 3:40 minutes from around the same day until around 22:35 of the same day.

1. Defendant's legal statement;

1. Five copies of the police statement and police box photographed to H;

1. Damage photographs;

1. Photographs and quotation;

1. destructive photographs and investigation reports (the telephone survey);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 141(1) of the Criminal Act (a point of damage to public goods), Article 319(2) and (1) of the Criminal Act (a point of refusal to leave), choice of imprisonment

1. Mitigation of mental disorders;

Articles 10(2) and (1), and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration into consideration the favorable circumstances as seen below)

Although the reason for sentencing is somewhat weak for the defendant to repeatedly commit the same type of crime, it is not significant that this is caused by the disease of the defendant suffering from each of the crimes in this case, and the police officer does not want to punish the defendant at the time of refusal to leave. The defendant's family members are taking medical treatment for the defendant, and the defendant also reflects the defendant's mistake. All of these circumstances and other circumstances, including the defendant's age, character and conduct, career experience, family environment, etc., which are the conditions for sentencing as shown in the argument in this case, shall be determined as per the disposition.

Judges

Judges Kim Jong-soo

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