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(영문) 창원지방법원 통영지원 2016.11.28 2016고단1601
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 00:25 on September 25, 2016, the Defendant was under the influence of alcohol in front of the main line located in the ancient city at a 00:25 Scam, and was called back by C, but refused to do so. However, the Defendant attempted to inquire of the Defendant’s personal information with a cell phone steering (LG-F410S) used by the police station that is a public office, and to take measures to return to the Defendant’s residence. The Defendant: (a) was able to get off the hand of a police officer C who used a cell phone with a two hand while driving the cell phone, so that the amount of repair expenses equivalent to KRW 152,500 at the market price would be 152,50,000; and (b) was destroyed by an act of an agent for the Defendant to have his/her home returned, and (c) was able to have the victim’s shouldered by the police officer of the Dong-gu Police Station who was waiting for it.

Accordingly, the defendant harmed the utility of articles used by public offices, and interfered with the legitimate execution of duties by police officers related to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. A E-document;

1. Reporting on the occurrence of a case;

1. Mobile phone photographs of damaged goods;

1. Application of the Acts and subordinate statutes to a report on investigation (limited to attachment of a written estimate on public mobile phones);

1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Sentencing criteria;

(a) Crimes 1 (Scope of Recommendation) No basic area (6-1 and 6 months) (special person) of the first category (Invalidity of Public Goods) of the invalidation and destruction of Public Goods;

B. Second Crimes [Scope of Recommendation] Performance of Official Duties.

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