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(영문) 서울북부지방법원 2016.09.08 2016고단3074
공용물건손상
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 13, 2016, at around 18:30, the Defendant opened a cover of an emergency telephone (SOS telephone) installed on the front side of the entrance of the new security center in the front of the Dongdaemun-gu Seoul, Dongdaemun-gu Seoul National Security Center (Newly established Dong), thereby damaging the repair cost of KRW 500,000.

The defendant continued to park a c patrol car, plucker, and antenna which had been parked there, and damaged the repair cost to be 565,650 won.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Written estimate (Nos. 7 and 9)

1. Two copies of a ct v video data to capture and four copies of a photograph of damaged products;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 141 of the Criminal Act applicable mutatis mutandis to the relevant criminal facts and Article 141(1) of the Criminal Act of the choice of punishment is clear that the applicable provisions of the charges are clerical errors under Article 141(1) of the Criminal Act, and thus ex officio correction is made;

The reasons for sentencing sentence of imprisonment sentence

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. Determination of sentence shall be made in the same manner as the order, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the age, health status, family relationship, tendency, etc. of the defendant:

The favorable circumstances: The defendant committed the crime in this case; the circumstances leading up to the crime in this case; how the defendant committed the crime in this case; how the crime in this case was committed; how the damage was not recovered; and how the defendant was sentenced to imprisonment with prison labor for general buildings and fire-prevention at the Jeonju District Court on March 20, 2014; and three years of suspended execution, which became final and conclusive on March 28, 2014, and was still under the suspended execution period at the time of the crime

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