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(영문) 부산지방법원 2020.10.14 2020고단2815
특수공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 07:50 on July 3, 2020, the Defendant damaged the special public goods by gathering bricks (a.e., about 19cm, about 9cm, about 9cm, about 5cm in height) that were parked at the Busan East Police Station parking lot located in the Busan East Police Station located in Busan East-gu, Busan for the reason that ordinary police disregards himself, etc., and that at the above police station, it was in danger of causing the collision to an official vehicle, which was parked at the above police station, to repair the front glass of the said pipe vehicle, approximately KRW 275,00 won.

Accordingly, the defendant carried dangerous articles and damaged articles used by public offices.

2. On July 3, 2020, at the entrance of the Busan Dong Police Station as stated in paragraph (1) around 07:53 on July 3, 2020, the Defendant damaged the property by cutting a fireproof unit of the amount equivalent to 30,000 won of the market price managed by the victim C on the floor, on the ground that the Defendant wishes to go to a prison.

Summary of Evidence

1. Application of the Acts and subordinate statutes on photographs by cutting down the defendant's legal statement D, written statements in C, field photographs, estimates, receipts, and other CCTV images;

1. Relevant legal provisions concerning criminal facts, Articles 144(1) and 141(1) (a) of the Criminal Act (a point where dangerous articles are damaged), Article 366 of the Criminal Act (a point where property is damaged) and 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. The defendant's defense counsel in a judgment on the defense counsel's assertion under Article 62 (1) of the suspended execution of the Criminal Act argues that the defendant committed the crime of this case in a state of mental disorder due to stimulative disorder, etc. However, in light of various circumstances, such as the details of the defendant's statement about the circumstances of the crime of this case, the defendant's behavior before and after the crime

The defense counsel's above assertion cannot be accepted as it seems to be in a state or weak condition.

Reasons for sentencing

1. The scope of recommendations according to the sentencing criteria;

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