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(영문) 대구지방법원 영덕지원 2013.04.03 2013고단9
특수공용물건손상
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 of the final judgment.

Reasons

Punishment of the crime

At around 22:30 on December 19, 2012, the Defendant: (a) laid the Defendant under the influence of alcohol into the patrol vehicle C 112; (b) laid the Defendant at the front of the Defendant’s house and returned to the police station; (c) laid the Defendant’s disease, which was a dangerous object cited in his/her hand, carried the Defendant’s seat at the front of the Defendant’s house without any justifiable reason; and (d) broken the amount of KRW 300,000,000 at the back glass of the patrol vehicle.

Accordingly, the defendant carried dangerous articles and damaged the patrol cars used by public offices.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes to any description of internal investigation reports (referring to patrols, damage of vehicles and field photographs), internal investigation reports (referring to personal arrest details and words of the suspected suspect after arrest), investigation reports (referring to estimates), investigation reports (related to attachment of a certificate of registration of a damaged vehicle), or video reports;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 141 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of punishment by law] 1 to 10 years of imprisonment [the decision of a sentence] 1 to 10 years of destruction of public goods among the crime group of obstruction of performance of official duties / [the decision of a sentence] : there is no element for mitigation where carrying dangerous articles: No element for mitigation: / [the decision of the recommended area and the scope of sentence] 1 category of destruction of public goods among the crime group of obstruction of performance of official duties : Imprisonment with prison labor for one year or for four years [the general person] : Where the destroyed articles are recovered from damage (the main reason for suspension of execution of sentence] . There is no positive element: there is no negative element that there is no positive element for suspension of execution of sentence / [the reason for suspension of execution of sentence] . There is no positive element for the defendant on June 24, 2010].

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