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(영문) 대구지방법원 포항지원 2019.07.18 2019고단786
공용물건손상등
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:20 on June 16, 2019, the Defendant: (a) at the vicinity of the entrance of the “Dnoby club” in the operation of the victim C in North-gu, Northern-si; (b) at the bottom of the city where the victim was under influence of alcohol, the Defendant shouldered one anti-opari in the market value equivalent to KRW 80,000,000 at the bottom; and (c) at the side of the signboard owned by the victim, the wooden person laid down on the side of the signboard to tear the signboard to have a repair cost of KRW 70,000,000.

Accordingly, the defendant damaged the victim's property.

2. The Defendant damaged public goods at the time and place specified in the above paragraph (1), and was arrested as a flagrant offender, and was in transit at the back seat of the F rocketing patrol police box, which is a official vehicle of the Ponding Police Station, and was escorted to E police box, the Defendant broken off the inside partitions, left rear door, and glass of the said patrol vehicle so that the repair costs equivalent to KRW 1,138,256 can amount to KRW 1,13.

Accordingly, the defendant damaged public goods used by government offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. 112 Reporting case management table;

1. Each estimate and receipt;

1. Application of each statute on photographs;

1. Relevant Article 141(1) of the Criminal Act and Article 366 of the Criminal Act ( point of damage to public goods) that apply to facts constituting an offense; Article 141(1) of the Criminal Act ( point of damage to public goods);

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. Article 50 (Limits to Aggregate of Long-term Punishment in the above Crimes

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend education or community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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

(a) Crimes No. 1 (Damage to Public Goods) [Determination of Sentencing] Invalidity and Destruction of Public Goods [No. 1] Invalidity of Public Goods [Special Convicts] Invalidity of Punishment (Special Aggravations): Aggravation of Punishment (where serious bodily injury has occurred): Cumulative Crimes not concurrent Crimes (Recommendation and Recommendation Scope of Recommendations), Basic Field of Punishment (Recommendation and Recommendation Scope of Recommendations) , June through June 1.

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