(영문) 대전지방법원 2015.03.18 2014고단3955

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(영문) 대전지방법원 2015.03.18 2014고단3955

공용물건손상

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 7, 2006, the Defendant was sentenced to a fine of two million won for the obstruction of performance of official duties by the Daejeon District Court, and on December 10, 2013, the said court was sentenced to one year of imprisonment and two years of suspension of execution due to a violation of the Punishment of Violences, etc. Act (joint intimidation), etc. on December 10, 2013, and the said judgment became final and conclusive on July 25, 2014, and was still under suspension of execution. On November 25, 2014, the said court became final and conclusive on November 1, 2015.

On October 26, 2014, the Defendant: (a) around 20:25, at around 20:25, 2014, the police officer called the “D” restaurant in front of the Daejeon Dong-gu, Daejeon, who was under the influence of alcohol and was called the Defendant to restrain the Defendant; (b) the police officer called the “influence of death and death and death” at the seat of the Defendant; and (c) the police officer, who was parked in the Daejeon Dong-dong Police Station, used at the seat of the YF laba police box at two times in front of the left side of the EYF laps used by the public office, thereby impairing the repair cost of the said police vehicle so that approximately KRW 282,566 of the repair cost would become effective.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Relevant photographs;

1. Written estimate;

1. The application of Acts and subordinate statutes to criminal records and additional evidence (two copies of judgment);

1. The sentencing conditions of all the records, including the name of recidivism (unfavorable circumstances), the age, character and behavior, environment, criminal record (five times of the actual sentence, two times of the suspended sentence, etc.) of the defendant, shall be determined as ordered in full consideration of the following factors: (a) the reason reflects on the sentencing of the sentence of imprisonment; (b) the first head fine as stated in the judgment with respect to the same criminal during the period of the suspended sentence; and (c) the first head fine as stated in the judgment with respect to the previous suspended sentence; and (d) the punishment shall be determined as ordered after considering

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제141조 제1항

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