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(영문) 인천지방법원 2018.01.26 2017고합622
공용물건손상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 24, 2017, the Defendant damaged public goods is supported by the D community service center located in Jung-gu Incheon Metropolitan City, Jung-gu, Seoul on August 24, 2017, by the State as a person eligible for basic living benefits even though his/her branch has income.

As a result, there is a large amount of defect, the E President tried to help people who have difficulty in the president, and the basic supply cost is being paid to those who have changed his/her name.

In addition, whether the administration is not verified or not.

The equipment was damaged in total amounting to KRW 1,01,360, by unloading two computer monitoring units, one consignee, one auxiliary package, etc. in the community service center, which were carried by the Defendant, and destroying equipment and materials equivalent to KRW 1,01,360.

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

2. The Defendant injured the victim by interfering with the performance of special duties at the time and place specified in paragraph 1, and at the same time and place specified in paragraph 1, damaged a stick, which is a dangerous object, as described in paragraph 1, and the victim F, who is the head of the community service center living support team, prevented the Defendant. The victim F, who was the head of the community service center living support team, prevented the Defendant, was at the victim’s face.

As a result, the defendant assaulted the victim who is a public official carrying dangerous objects, and led to the end of five parts of the left-hand side in need of treatment for about one day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of witness with respect to the F - One answer-type;

1. The application of Acts and subordinate statutes, including photographs, such as the scene of crime, the current status of destruction of equipment, and opinions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, the main sentence of Article 144(2), Articles 144(1), 136(1) (a) of the Criminal Act concerning the selection of punishment (the point of causing injury or injury to interfere with the performance of special duties) and Article 141(1) of the Criminal Act (the point of causing damage to goods for public use and the selection of imprisonment)

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the crime of injury resulting from interference with the execution of heavy special duties);

1. Reduction of a small amount;

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