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(영문) 서울동부지방법원 2015.02.10 2015고단13
공용물건손상
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On June 13, 2008, the Defendant was issued a summary order of one million won as a crime of obstruction of performance of official duties by the Seoul Eastern District Court. On June 27, 2008, the Seoul East Eastern District Court issued a summary order of two million won as a fine for the same crime, and on December 18, 2009, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Seoul Central District Court. On July 21, 201, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for the same crime, and on October 31, 2013, on April 28, 2014, the Defendant completed the enforcement of the said sentence.

At around 11:50 on December 24, 2014, the Defendant interfered with the passage of vehicles passing there without any particular reason on the front of the D branch office in Songpa-gu Seoul Metropolitan Government.

Finding G patrol vehicle owned by the Seoul Metropolitan Police Agency, which is driven by F, a police officer belonging to the Seoul Metropolitan Police Agency E-district, after receiving a report, and opened the patrol vehicle in front of the patrol vehicle, and opened the patrol vehicle in front of the patrol vehicle in his hand, the repair cost of the patrol vehicle is equivalent to KRW 6,000,000.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Photographs, written estimate for repair, and investigation report (a detailed statement of processing a reported case) of damaged articles;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, replys to criminal records, written judgments and summary orders, and the number and confinement status of each individual;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation Punishment]: Punishment of category 1 (Invalidity of Public Goods) as a result of the invalidation and destruction of public goods (one year to four years): Cumulative repeated crimes of the same kind (decision of sentence): The fact that the crime is grave in light of the background, mode, etc. of the crime in this case, and the punishment is sentenced several times for the same crime.

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