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(영문) 대구지방법원 포항지원 2014.06.26 2014고단477
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 21, 2008, the Defendant was sentenced to 17 years of imprisonment for attempted robbery at Seoul High Court on March 21, 2008, and the sentence has become final and conclusive and is being executed in the port prison.

On April 9, 2014, at the time of 08:35, the Defendant, at the port of Macheon-gu, Gancheon-gu, Gancheon-gu, Gancheon-gu, Sincheon-gu, would have a dispute with other convicted prisoners due to the release of the work completion goods, and the Defendant was investigated as a supporting issue with the opening of the entrance of the living room, and interestingly, damaged the body of the computer equivalent to KRW 429,000 in the market price by cutting the computers on his book over the upper floor, thereby damaging the body of the computer equivalent to KRW 429,00 in both hands, and assaulted C by a correctional official who restrains the Defendant, “I die B, I will die B, I will die.” The Defendant saw her face, flads it, and assault C several times.

Accordingly, the defendant damaged the goods used by public offices, and obstructed the legitimate execution of official duties by correctional officials.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of laws and regulations on police statements made to C, D, E, and F;

1. Relevant Article 141(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The area of the obstruction of performance of official duties, the obstruction of performance of official duties, the first category (in cases where the degree of violence, intimidation, and deceptive scheme is minor), and January - August;

(b) Group of obstruction of performance of official duties, invalidation or destruction of public objects, category 1 (Invalidity of Public Goods) mitigation area (where the value of the objects that have been invalidated or destroyed is insignificant), January - 1 month, and August;

(c) Application of standards for handling multiple crimes: Imprisonment with prison labor for one month - one year (= August 4);

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