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(영문) 인천지방법원 2013.08.19 2013고단3912
공용물건손상
Text

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

except that 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

On July 4, 2013, at around 01:30 on July 4, 2013, the Defendant: (a) placed a police box located in Nam-gu Incheon Metropolitan City, for drinking with D and wraped, and (b) placed a police box affiliated with the above police box; (c) placed the office wave of an office, which is a public object (aro 120cm, 150cm in length, 150cm in length) on a hand, and sustained head roads, thereby impairing the Defendant’s repair cost of KRW 100,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Written estimate;

1. Each photograph;

1. Application of CCTV image Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense: Article 141 (1) of the Criminal Act;

1. Suspension of execution: As to the Defendant’s assertion on Article 62(1) of the Criminal Act (i.e., the fact that the Defendant reflects the facts charged, the circumstances leading up to the commission of the crime, and the degree of damage). According to the records, the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the instant crime. However, even though the Defendant was in a state of drinking alcohol at the time of the instant crime, the Defendant did not have the ability to discern things or make decisions, in light of the Defendant’s reputation, the circumstances leading up to the instant crime, the means and method of the crime, the Defendant’

Since it is not recognized that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

It is so decided as per Disposition for the above reasons.

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