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(영문) 울산지방법원 2017.04.12 2017고단276
공용물건손상
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 9, 2017, in front of “C cafeteria” located in Ulsandong-gu B, Ulsan-gu, Ulsan-gu, the Defendant heard the Defendant’s speech that the Defendant would return home from the police officers E, etc. belonging to the Ulsan-dong Police Station D District Unit of the Ulsan-dong Police Station, called “A police officer has been suffering from any dwarfe and has gone to the police officer, etc.;

C. Ha, Ha, Ha, a farb, sent to the match reduction.

The military service provider caused damage to the goods used by public offices by carrying out several times on the right side of the patrol vehicle No. 11 at the right side of the patrol vehicle, and destroying the antenna of the said patrol vehicle by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes, such as a report on investigation (Attachment of photographs) and photographs of damaged vehicles;

1. Article 141 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] the invalidation and destruction of the public goods; the basic area (the invalidation of the public goods) of the first type (the invalidation of the public goods); and

2. Based on the sentencing guidelines set forth in the above sentencing guidelines, considering the circumstances favorable to the Defendant’s confession and the fact that the Defendant was a criminal record subject to suspended sentence for the same kind of crime, etc., the Defendant’s age, environment, sex, motive and means of the crime, circumstances after the crime, attitude in this court, etc., as well as all the sentencing factors indicated in the records of this case and the theory of changes, shall be determined as ordered.

On the other hand, it is difficult for the Defendant to provide community service due to poor control.

However, it is not necessarily a work that requires a large number of government officials to provide community service, and in light of the attitude and the defendant's act as shown in the record in this court, the defendant is a community service order.

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