(영문) 청주지방법원 제천지원 2015.09.24 2015고단89

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 제천지원 2015.09.24 2015고단89

공용물건손상미수

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 00:50 on March 21, 2015, the Defendant: (a) was under the influence of alcohol in front of the 27 Incheon Police Station at the time of 00:0,000, and was under the influence of noise, etc. without any particular reason, and (b) was in the place of the patrol, the Defendant: (c) was operating the C police box affiliated with the C police box; (d) the C police box affiliated with the C police box that received the request for assistance; and (d) the C police box E, who discovered that the Defendant was under the influence of the patrol patrol vehicle at both hand, carried the said patrol vehicle at one time; and (d) went through the said patrol vehicle at one time; and (d) the Defendant was able to commit the said patrol vehicle at one time, which was an object used by the Incheon Police Station, a public office, but was not damaged by the patrol vehicle; and (d) the Defendant attempted to commit the patrol.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to G and E;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant Article of the Criminal Act and Articles 143 and 141 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of all the circumstances, including the background and mode of the instant crime, Defendant’s behavior before and after the instant crime, etc., the Defendant and his/her defense counsel asserted that “the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime.” Thus, even though the Defendant was under the influence of alcohol at the time of the instant crime, it does not appear that the Defendant was in a state of weak ability to discern things or make decisions.

Therefore, the defendant and his defense counsel cannot be accepted.

The reason for sentencing is that the defendant committed the crime of this case even though he had been prior to the suspension of execution due to the obstruction of performance of official duties, etc., and it is unfavorable to the defendant.

참조조문

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