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(영문) 창원지방법원 마산지원 2017.03.22 2016고단767
공용물건손상등
Text

Defendant

Imprisonment with prison labor for six months and fines for 600,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On May 25, 2016, the Defendant damaged public goods: (a) around 00:40 on May 25, 2016, the Defendant used a toilet in the Msan-dong Police Station D District of Msan-dong, Msan-si, a member of the Changwon-si, and was under the influence of alcohol, and subsequently the police officers did not enter his/her horse

I think, I would like to damage goods used by public offices by putting a computer monitor of 220,000 won at the market price, which is installed in the business site.

2. The Defendant, in violation of the Punishment of Minor Offenses Act, took a bath against police officers E, etc., who were working in the country where he was drunk due to the foregoing reasons under the influence of alcohol at the time and place specified in paragraph (1). The Defendant was unable to breath a disturbance while under the influence of alcohol, such as spitation on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written statement of the main agent and the application of each Act and subordinate statutes reporting;

1. Article 141 (1) of the Criminal Act (a point of damage to goods for public use, choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of disturbance for revocation of subscription in official books, choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the crime repeatedly as above despite the fact that he/she had been punished for the same kind of crime.

However, the defendant's age, sex, environment, health status, family relationship, motive, means and result of the crime, and the circumstances after the crime are considered, and the punishment as ordered shall be determined by taking into account various sentencing conditions as shown in the arguments of this case.

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