Cases
2016 Highest 3074 Damage to goods for public use
Defendant
A
Prosecutor
○○ (prosecution) and ○○ (Public Trial)
Defense Counsel
Attorney ○○ (Presiding over)
Imposition of Judgment
September 8, 2016
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On July 13, 2016, around 18:30 on July 13, 2016, the Defendant opened an emergency telephone (SOS telephone) covering the emergency telephone (SOS telephone) installed adjacent to the entrance of the ○○○○○ Community Security Center in front of the Dongdaemun-gu Seoul, Dongdaemun-gu ○○○○○○○○○ (○○○○○○ Dong) (hereinafter referred to as the “○○○○ Community Security Center”) by hand, thereby damaging the Defendant’s repair cost of KRW 500,00.
The Defendant continued to park ○○○○○○○○○○○○, which was parked there, destroyed that the repair cost was 565,650 won, by plucking, plucking, plicking, and antenna by blaging, plucking, plicking, and cutting down the ○○○○○○○○○○
Accordingly, the defendant damaged the articles used by public offices.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of ○○○;
1. Written estimate (Nos. 7 and 9)
1. Two photographs after closure of ctv video data, four copies of damaged photographic products, and four copies of the investigation report (to ○○○○ Communications for Witnesses);
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Article 141(1) of the Criminal Act, Selection of Imprisonment
Reasons for sentencing
1. The scope of applicable sentences under the law: the range of recommended sentences on the sentencing guidelines from January to July of the imprisonment [the scope of recommended sentences] shall be determined as per the order, taking into account the overall circumstances shown in the pleadings of this case, such as the following circumstances after the sentence was sentenced: the sentence was rendered on March 3, 200, and the basic area (two months to one year and four months of imprisonment) of the obstruction of performance of official duties (the scope of recommended sentences].
The favorable circumstances for ○○: (a) the Defendant committed the instant crime on March 20, 201; (b) the Defendant was sentenced to imprisonment with prison labor for general buildings and fire-prevention at the Jeonju District Court on March 20, 2014; and (c) the Defendant was under suspension of execution for a period of suspension of execution at the time of the instant crime, which became final and conclusive on March 28, 2014.
Judges Kim Jong-ran