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.

Punishment of the crime

The facts charged shall be modified and recognized within the extent recognized as identical.

1. 피고인은 2019. 3. 27. 04:30경 거제시 장목면 거제북로 1165 거제경찰서 장목파출소 입구에서, 술에 취해 경찰관들을 부르기 위해 '민원인 신고전화기'를 들었으나 바로 작동이 되지 않자 전화기를 뜯어내 바닥에 던지고 아크릴 소재 전화부스를 손으로 잡아당겨 부쉈다.

As a result, the Defendant damaged the Acryle bulletin board in which a notice form for installation of a civil petitioner's reporting telephone amounting to KRW 77,00,000, which is a public object.

2. 피고인은 2019. 3. 28. 21:00경 거제시 장목면 거제북로 1165 거제경찰서 장목파출소 입구에서 술에 취한 상태로 “내가 전화기를 언제 부쉈단 말이고. 전화기 선만 뽑았지”라는 말을 반복하면서 위 장목파출소 출입구에 재차 설치해 놓은 민원인 안내전화기를 손으로 들어 전화선을 뽑고 전화기를 바닥에 던졌다.

Accordingly, the Defendant damaged the civil petitioner reporting telephone system equivalent to 14,800 won, which is a public object.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of B and C;

1. Application of Acts and subordinate statutes to the investigation report (a written estimate attached), and photographs of each damaged article;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 141 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in the crime of damage to public goods on March 27, 2019, heavier punishment than punishment);

1. As seen in the latter part of Article 62(1) of the Criminal Act, the Defendant committed the instant crime during the period of the stay of execution, but the period of the stay of execution has expired on May 5, 2019. As such, the Defendant may again be sentenced to a suspended sentence for the instant crime.

(see, e.g., Supreme Court Decision 2006Do6196, Feb. 8, 2007). 1. The defendant's defense counsel under Article 62-2 of the Probation Criminal Act is a mental and physical disability caused by excessiveness of the defendant.