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(영문) 전주지방법원 2015.11.20 2015고단120
공용물건손상등
Text

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

Reasons

Punishment of the crime

1. At around 22:10 on January 15, 2014, the Defendant, when drinking alcohol at the main point of “C” located in Jinjin-gu, Jinjin-gu, the Defendant, after receiving a report from the victim E, a police officer affiliated with the police box of the Jeondong-gu Police Station, who called “influence of this,” told the victim of “I will see............ the police police officer,” and told the victim to “I.m...................., the police officer,” etc. of the police box called the victim, who was sent to the police station, to the police station, and was reported of his/her negligence, thereby insulting him/her of the victim.”

2. On January 15, 2014, at around 22:15, the Defendant damaged public goods at the main point of “C”, which was arrested by police officers as flagrant offenders and parked in front of the main point for the same reasons as indicated in the preceding paragraph, and damaged public goods to be used by the Defendant, such as the stringer, the stringe, the stringe, the stringe, the stringe, the stringe, the stringe, and the 90,000 won of the repair cost.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes related to a written estimate for investigation report;

1. Relevant Article 311 of the Criminal Act, Article 140 (1) of the Criminal Act, and Article 140 (1) of the Criminal Act, and the choice of imprisonment with labor, respectively, for the crime;

2. Grounds for sentencing among concurrent offenders under the former part of Article 37, Articles 38 (1) 2 and 50 (within the scope of the sum of the long-term punishments in the above two crimes) of the Criminal Act; and

1. The scope of applicable sentences under law: Imprisonment for one month to six years; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes subject to the sentencing criteria for the obstruction of the performance of official duties (determination of types of punishment), types 1 (determination of the area of recommendation), basic area (determination of the area of recommendation), 6 months to 1 year and 6 months;

(b) Crimes for which the sentencing criteria are not set, and offenses for which the sentencing criteria are set and the sentencing criteria are set.

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