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(영문) 서울중앙지방법원 2020.04.23 2020고단248
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 10, 2019, at around 00:45, the Defendant entering the building, the entrance of which was set up and intruded into the entrance by a method of walking the entrance under the influence of alcohol at the Dakak Police Station, Seoul Special Metropolitan City, Gwanak-gu, 180-1.

2. The Defendant damaged the public object by putting the door and lock of the arms inside the pertinent Public Security Center several times on the part of the fire extinguishers, which had been under influence of alcohol at the time, at the time, at the place specified in the above paragraph 1., and damaged the above weapons, locking devices, and non-commercial telephone apparatus installed on the left side of the entrance so that they can be repaired in the amount of repair costs by cutting off the telephone line of the non-commercial telephone operator installed on his hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (Sceness at the Gero Security Center);

1. Relevant Article 319(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;

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

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

1. The sentencing period under Article 62-2 of the Social Service Order Criminal Act has criminal records against the accused, such as obstruction of performance of official duties, etc., and the case in light of the form of the act as a result of intrusion upon the police station’s Public Security Center to impair the locker of weapons, etc.

However, in consideration of the fact that the defendant seems to have been under the influence of alcohol and the fact that the defendant misleads the defendant, the execution of punishment shall be suspended on condition that social service work shall be performed, and the punishment as ordered shall be determined in the same manner as the order.

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