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(영문) 대구지방법원 2013.08.23 2013고단1464
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 3, 2013, at around 02:28, the Defendant demanded that the Defendant sent back to the hospital “I am to the hospital because I am to move again because I am to the hospital because I am to move again after receiving a report of 112 that I am under the influence of alcohol.”

Accordingly, the Defendant, on board the G patrol boat belonging to the above police box driven by the above police officer, was set at the front of the emergency room of the H hospital, but without any special reason, the Defendant, without any justifiable reason, laid off the front door of the said patrol box at the seat of the above patrol box and displayed the electric antenna equivalent to KRW 154,00,000 at the market price.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of investigation reports (related to standing and patrol car damaged photographs when arresting an offender in the act of committing an offense), investigation reports (Submission of estimates to damage an electric antenna for public goods) and Acts and subordinate statutes;

1. Article 141 (1) of the Criminal Act applicable to the crimes and Article 141 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) Defendant, under the influence of alcohol, has damaged patrol vehicles, which are public goods without any justifiable reason; (b) Defendant’s several times of violence and criminal records of the same kind; and (c) Defendant’s liability for the crime in that he/she did not change his/her name; (b) the Defendant’s mistake is against himself/herself; (c) the degree of damage is not relatively heavy; and (d) the Defendant’s age, environment, etc.

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