logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.06.12 2019고단4901
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 October 12, 2019, from around 22:10 to 22:40 the same day, the Defendant obstructed the victim C’s party room business by force for about 30 minutes, i.e., drinking alcohol in the “D party room” in the “D party room” of the victim C’s operation in Jung-gu Seoul, Jung-gu, Seoul, and 2, and 2:40 on the same day.

2. On October 12, 2019, the Defendant damaged public goods: (a) was arrested as a flagrant offender under the suspicion of paragraph (1) in front of the Seoul Southern-gu, Seoul; (b) was on board the back seat of the patrol 82 of the Seoul Jung-gu Police Station G police box No. 82; and (c) was able to walk the inside of the patrol vehicle on a hand-time basis; (d) the lower left seat of the latter seat of the patrol vehicle was broken and displayed the back seat of the right-hand seat.

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, to be 20,00 won in repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on investigation (a written estimate to repair a vehicle) and a written estimate to repair an attached vehicle;

1. Application of the Acts and subordinate statutes, such as photographs and control manual of damaged patrol vehicles;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business), Article 141 (1) of the Criminal Act (a point of damage to public goods), and choice of imprisonment for each penalty;

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. In light of the purpose of sentencing Article 62-2 of the Criminal Act, Article 62-2 of the Act on Probation and Order to Attend, and the motive, background, means, methods, and degree of damage, etc. of the crime, the crime is not less complicated, and the defendant has the record of having been punished nine times for the same or similar violent crime prior to the instant case, and has the record of having been punished several times for the crime.

On the other hand, the defendant recognizes all crimes and reflects the mistake.

The cost of repairing the patrol car, which is the damage of public goods, was fully paid, and the damage was recovered.

arrow