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(영문) 서울중앙지방법원 2017.02.02 2016고단8847
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant was engaged in the installation and repair of an advertisement on the wall at the exit of 3 times in Shin-dong, Gangnam-gu, Seoul, on November 24, 2016, around 18:40;

E Without any particular reason, it would interfere with pedestrian traffic due to maintenance and repair works, and 112 reports to E and arrive at the scene of the Seoul Gangnam Police Station Fack G and Hacman.

피고인은 G 경사 등이 민원 내용을 잘 들어주지 않고 오히려 귀가할 것을 요청한다는 이유로 주변에 E 등이 듣고 있는 가운데 G에게 “ 일제 앞잡이 순사, 이 짭새 새끼야 ”라고 큰 소리로 말하여 공연히 G을 모욕하였다.

2. On November 24, 2016, around 18:50 on November 24, 2016, the Defendant: (a) was arrested as a current offender due to such insult; (b) was transferred to an I office of the Gangnam Police Station International Office of the Seoul Gangnam Police Station around 21:05 on the same day; and (c) was under investigation by the police officer of the said police station; and (d) was under investigation by the police officer of the said police station, the Defendant damaged goods used by the public office by putting the volume of 70,000 won into a cell phone

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to G, K, and H;

1. A written statement prepared by E;

1. Each photograph and video;

1. Each investigation report;

1. Application of Acts and subordinate statutes to written complaints and written estimates;

1. Article 311 of the Criminal Act applicable to the crime and Article 311 of the choice of punishment (the point of law No. 1, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of law No. 2, and the choice of imprisonment);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the observation of protection and observation commits the crime of this case again even though the defendant had a record of being suspended due to the crime of damage to public goods, and on the other hand, the defendant acknowledges his mistake, reimburses the value of the damaged goods, and compensates the age, sex, intelligence, and environment of the defendant.

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