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(영문) 울산지방법원 2017.07.13 2017고단1858
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 April 11, 2017, the Defendant discovered a patrol vehicle of the net 23 (C) patrol vehicle belonging to the police station located in the Namsan-gu Police Station in Ulsan-gu, Seoul-do, Seoul-do, on the front side of the B building, and without any justifiable reason, found the industrial width (2 cm in diameter, 2.5 cm in length) in his possession at the above patrol vehicle, and caused the repair cost to be 220,000 won by displaying it on the board, gold, color, etc.

Accordingly, the Defendant damaged the above patrol vehicles used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Written estimate for automobile inspection and maintenance, and application of statutes;

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 suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48(1) of the Confiscation Criminal Code [Sentencing] Article 48(1) of the Confiscation Criminal Code provides that the defendant is in a state of mental and physical weakness at the time of the crime of this case, including the records and arguments that there is no record of criminal punishment more than a suspended sentence for the same crime. However, considering the fact that there is no record of criminal punishment for the same crime of this case, and the degree of infringement of legal interests as shown in the records and pleadings, the defendant's behavior of drinking is considered to be one of the important causes of the crime of this case, and thus, it is recognized that there is a need for medical treatment for proof of alcohol. Thus, the defendant's behavior of drinking is considered to be one of the important causes of the crime of this case. Thus, the defendant is entitled to protect and observe the crime of this case as ordered for prevention of recidivism or effective rehabilitation to the society of the defendant (the judgment of the defendant's assertion). However, the defendant's argument that it is not accepted

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