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(영문) 전주지방법원 2016.12.09 2016고단1641
공용물건손상등
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

Punishment of the crime

1. On September 6, 2016, the Defendant damaged public goods for the reason that the Defendant could not sing out the said shop on the front of the “C” located in the Masan-gu Seoul Metropolitan City on the road in front of the said shop under the influence of alcohol on September 6, 2016. The Defendant avoided disturbance, and the Defendant, upon receiving a report as the owner of the said “C” and the operator of the pertinent “C” and the police officer dispatched to the police station upon receipt of the report, set the back door on the left side of the D patrol vehicle and the ceiling into the floor, thereby damaging the said patrol vehicle used by public offices to the extent that the repair cost of KRW 563,06.

2. At around 23:45 on the same day, the Defendant damaged public documents, at the F District Zone of the Jeondon Police Station of the Jeondon Police Station of the Jeondon-si, Jeonsi-si, Jeonsi-si, Jeonsi-si, demanded that G of the above police station prepare and sign a letter of voluntary action, and “the same bitch bitch flob flob flob flob flob,” and damaged the documents used by the public office in good faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written estimate;

1. Each report on internal investigation:

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 141 (1) of the Criminal Act concerning facts constituting an offense (the point of damaging public goods and public documents and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Review of the sentencing criteria;

(a) Crimes Nos. 1 and 2 (Scope of Recommendation) and basic area (limited to six months of imprisonment or one year and six months of imprisonment) for the invalidation and destruction of public objects;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months up to two years and three months;

2. A favorable reason for the decision of sentence is that the defendant recognized the crime of this case, and that the defendant has no record of criminal punishment for the same kind of crime.

The crime of damaging public property due to unfavorable circumstances is not good in that it interferes with the exercise of national public authority, and the defendant's damage recovery.

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