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(영문) 전주지방법원 2018.05.24 2018고단595
공용물건손상
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On June 29, 2017, the Defendant was sentenced to one year of imprisonment by the Jeonju District Court for the crime of destroying property, etc. and completed the execution of the sentence in the Jeonju prison on March 20, 2018.

[2] On March 27, 2018, the Defendant: (a) went under the influence of alcohol at the Jinan Military Station C police box located in Jinan Military Branch B; (b) and (c) took a bath to the police officer D, etc. of the same police box; and (d) took a fluor who was seated in a sofa, and gets off the market price of KRW 40,000,000; and (b) 30,000,000,000 won.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Four on-site photographs;

1. One copy of a report on investigation (attached estimates) and a written estimate;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, confirmation of repeated offense, copy of the judgment, and one copy of the list of the status of confinement;

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment according to the sentencing guidelines (a type of determination) [where the value of the goods that have been invalidated or destroyed is insignificant (a person subject to special sentencing], and the same repeated crime of the same kind [a scope of the recommended sentence] from June to June (a basic area];

2. In light of the fact that the Defendant, who was sentenced to criminal punishment on eight occasions, including four times of a crime interfering with the execution of official duties, has a past record of being sentenced to criminal punishment on eight occasions, and the crime of this case is committed not only once but also once a week after the execution of the criminal punishment was completed, and the Defendant cannot find out his attitude of reflect against the will of the Defendant, the Defendant shall be punished by imprisonment with prison labor.

Determinations shall be made.

However, there are extenuating circumstances such as the fact that the value of damaged public goods is insignificant and the defendant recognizes the crime.

The above circumstances and the age of the defendant.

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