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(영문) 창원지방법원 진주지원 2021.01.28 2020고단1893
공용물건손상
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On September 17, 2020, the Defendant committed the crime at around 01:30 on September 17, 2020, damaged goods used by public offices by driving Bents at the entrance of the police station located at 24:3, Jinnam-gu Police Station at the Jinnam-gu Police Station at the time of Jinnam-gu on September 17, 2020, when the Defendant was on duty for the driver confirmation while driving Benzs at the entrance of the police station at the time of the above stop, and damaged the use of goods by raising the vehicle blocking installed in the above fixed door from the above vehicle at his hand.

2. On September 17, 2020, the Defendant committed the crime at around 04:10 on September 17, 2020, damaged the goods used by public offices by destroying the repair cost equivalent to KRW 451,00,00 by making it difficult for the Defendant to repair the said patrol car’s front door at the entrance of the D apartment at Jinju-si, on September 17, 2020, to the effect that the Defendant, upon receiving a 112 report to the effect that he had a large amount of singing and had a dance and has a noise, he would be subject to restraint from the F, etc. of the police box belonging to the above police station E commander of the police station, who was dispatched.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs, copies of the table of 112 reported case processing, written estimates, on-site photographs, and CCTV video CDs;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 3);

1. Article 141 (1) of the Criminal Act and the choice of punishment for the crime, Articles 141 of the Criminal Act and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is the occurrence of the instant case and the fact that it appears to have affected the occurrence of the instant crime, including the fact that the instant case was hospitalized after the occurrence, and the record of the previous punishment of the Defendant and the various conditions of sentencing as shown in the argument of the instant case.

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