(영문) 울산지방법원 2016.04.04 2016고단344

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자간(%)

(영문) 울산지방법원 2016.04.04 2016고단344

공용물건손상

Text

A defendant shall be punished by imprisonment for six 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 February 5, 2016, at the front of the C cafeteria located in Ulsan-gu B around 16:10, the Defendant: (a) listened to the horses that he would come home and go home from E and one other police officer belonging to the Ulsan-gu Police Station D Dondong, who was under the influence of alcohol and called to go home to F patrol car (No. 18 on the south side); (b) while taking a bath to the above E, the Defendant saw the front part of the said patrol with his hand, and her hand opened the said part of the front part of the patrol with his hand, and opened the without antenna, attached to the between the troke of the said patrol; (c) by hand, the Defendant was unable to walk the lower part of the said patrol car and walk it to the lower part of the said patrol room.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act on the grounds that the defendant committed the crime in this case again even though he/she has been sentenced to a fine for the same punishment, but has no record of criminal punishment for the suspension of execution or more until now, and

1. The argument that the Defendant was in a mental and physical weak condition under the influence of alcohol at the time of observing the protection and surveillance and providing community service order / [Judgment on the Defendant’s mental and physical weakness] under Article 62-2 of the Criminal Act, but the argument cannot be accepted in light of the various circumstances revealed in the process of the record

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제141조 제1항

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