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(영문) 대구지방법원 의성지원 2016.11.24 2016고단194
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

[criminal power] On October 2, 2015, the Defendant was sentenced to eight months of imprisonment for the crime of damage to public goods at the Daegu District Court, and the execution of the sentence was completed at the Daegu Detention House on January 28, 2016.

【Criminal Facts】

1. On July 26, 2016, at around 02:30, the Defendant violated the Punishment of Minor Offenses Act: (a) continued to open the entrance of a police station under the influence of alcohol at the Maritime Police Station located in the median-ro 74 in the median-ro, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; and (b) forced the Defendant to a very rough speech and behavior at a police box, which is a government office, while under the influence of alcohol, by passing away from the flasing police station, and passing away from the flasing.

2. On July 26, 2016, after the Defendant was arrested as a flagrant offender for the same reason as that of paragraph (1), the Defendant: (a) at the Seongbuk Police Station around 04:00 on July 26, 2016, the Defendant: (b) at the Sungdong Police Station, “influence, influence, influence, influence,” and (c) at the police station’s place, damaged the wooden joint board of the vehicle by walking on the

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation and investigation report (the analysis of CCTV images of the Gyeongbuk Military Police Station);

1. Criminal records as indicated: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 141(1) of the Criminal Act (the point of damage to public goods and the choice of imprisonment), and Article 3(3)1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of the principal and the selection of fines);

1. Article 35 of the Criminal Act ( against Damage to Public Goods) for a repeated offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the range of recommending punishment] where the value of the article that has been invalidated and destroyed is insignificant in the area of mitigation (one to eight months) (special mitigation) (one to one month) of category 1 of the Criminal Procedure Act), the area of mitigation (the invalidation of public goods), / imprisonment with prison labor for the same repeated crime (the decision of sentencing) and fine of five hundred thousand won.

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