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(영문) 대전지방법원 홍성지원 2016.08.30 2016고단258
공용물건손상
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 03:27 March 12, 2016, the Defendant: (a) boarded a taxi operated by D as a taxi engineer at C’s main point; (b) but without disclosing the destination for drunk operation, the Defendant arrived at the Seosan District of the 427 Budget Police Station in Seosan-ro, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Seoul under the above D; (c) around the same day, around 03:38, the Defendant was urged from the police officer to return home from the Seosan District of the above Budget Police Station, and was able to get home from the police officer, and was fluened with one computer monitor of the amount of KRW 120,000 at the market price.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to field photographs and estimates;

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] Where the value of the goods that have been invalidated or destroyed is insignificant (one month to eight months of imprisonment) in the mitigation area (the invalidation of public goods) [the person who has been specially mitigated] where the value of the goods that have been invalidated or destroyed is minor (the decision of sentencing], the responsibility for the defendant who has damaged public goods, and the fact that there are multiple records of punishment regarding violence against the defendant is disadvantageous to the defendant

However, the circumstances such as the confession and reflect of the defendant, deposit of KRW 200,00 for the recovery of damage, and contingent crime, shall be considered as favorable circumstances, and the punishment shall be determined as ordered by taking into account all the conditions of sentencing, including the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime.

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