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(영문) 전주지방법원 2018.02.05 2017고단2170
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On October 2, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 07:35, 2017, at the G District in the Kim Jong-si, Kim Jong-si, the G District in the Kim Jong-si, and (b) under the influence of alcohol, the Defendant, while under the influence of alcohol, expressed a fluorous speech and behavior at a public office for about twenty (20) minutes, such as: (b) fluencing the dissatisfaction that was punished for a fluorous operation in the said G District; and (c) fluoring the fluorous speech and behavior.

2. The Defendant damaged public goods at the date, time, and place set forth in paragraph 1, and destroyed the repair cost of KRW 150,000 by cutting off the entrance door of the said earth site (106cm wide, 176cm long) where the Defendant was able to remove any disturbance, as set forth in paragraph 1, and the slope H belonging to Kim Jong-gu Police Station G District, was able to stop home and shot back, and shot out the door of the said earth site, which is a building for public goods.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (the sequence 6 in the list of evidence);

1. Application of Acts and subordinate statutes to a investigative report (referring to recovery of damage free of the suspect's damage);

1. Relevant provisions of the Criminal Act and Article 141 (1) of the Criminal Act (a point of damage to goods for public use, choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of disturbance for cancellation of disposition in official books, selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended punishment according to the sentencing guidelines (as to the crime of damaging goods for public use), [type determination] [No person who does not have any person subject to special sentencing] of the type 1 (Invalidity of Public Use) (the scope of the recommended sentence] (the scope of the recommendation), from June to June (the basic area);

2. In light of the fact that the Defendant, who was sentenced to two times a fine due to a crime interfering with the performance of official duties, was punished twice, and that the Defendant again re-offending even if he was punished by the disturbance in the district, which is the place where the instant crime was committed, even before the amount of two months elapsed.

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