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(영문) 인천지방법원 2019.09.26 2018고단4163
공용물건손상
Text

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 became final and conclusive.

Reasons

Punishment of the crime

On May 19, 2018, at around 11:40, the Defendant discovered 112 patrols (E-surgs) used in the zone D district of the Incheon Training Police Station, where the mast was located, while having raised complaints to the ordinary police administration in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, and damaged the repair cost to cover KRW 925,681, by laying down the 112 patrols (150cm in length, 7cm in length, 150cm in length) of the above patrols.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written estimate;

1. Application of each statute on photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the crimes of obstruction of the performance of official duties: [No person shall be subject to punishment] the invalidation of public goods [No person subject to punishment] (the scope of recommendations and recommendations]; the basic area of recommendations and recommendations; six months to one year and six months;

2. The execution of imprisonment is to be suspended by taking into account the following circumstances: (a) the crime of destroying patrol vehicles without any particular reason is inferior, (b) the appearance of reflectivity is not visible even after the arrest, and (c) the detention is not possible due to the summons of this court; (b) the degree of damage is currently being caused; (c) the degree of damage is not very serious; and (d) the same punishment power is not limited; and (d) the case has three months of detention and time to reflect against the police officer; and (e) the execution of the sentence is to be suspended by taking into account all other circumstances shown in the records and arguments as ordered; and (e) the sentence is determined as ordered.

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