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A defendant shall be punished by imprisonment for not more than ten 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 April 25, 2013, at around 14:51 on April 25, 2013, the Defendant destroyed the property by leaving the front seat of C bus at the right right seat and leaving a road front of the way to reduce the Sung-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, without any reason, the Defendant destroyed the damage by leaving a light of approximately KRW 100,000
2. 공용물건손상 피고인은 2013. 4. 25. 15:00경 고양시 일산서구 E에 있는 F지구대 내에서 경찰관인 G 경장이 위 제1항 기재의 사건 경위에 대하여 물어보자 “아까 물어 봤잖아, 씨발, 개새끼야.”라는 등의 욕설을 하면서 그 곳 내에 있던 탁자를 손으로 엎어 탁자 위에 있던 둥근 유리가 바닥에 떨어져 깨지게 하여 공무소에서 사용하는 시가 미상의 유리를 손상하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police statement of H;
1. A written statement of I;
1. Application of the busCCTV photographs and the neoly fluoral photo Acts and subordinate statutes;
1. Relevant Article 366 of the Criminal Act and Article 141 (1) of the Criminal Act (the point of causing damage to public goods and the choice of imprisonment), the choice of punishment for the crime;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
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 (The following circumstances shall be considered in light of the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Act on Probation, Article 59 of the Act on Probation, etc. is that the defendant has been punished several times for the same type of crime, such as damage to public goods and damage to property, but repeats the same kind of crime. However, the defendant is against the criminal facts after committing the crime, and the defendant is suffering from mental illness such as depression, and is currently hospitalized at a mental hospital and being treated for symptoms.