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(영문) 제주지방법원 2017.03.30 2015고합169
일반물건방화등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 16, 2015, the Defendant: (a) destroyed three separate collection boxes (440,000 won per opening market price) of waste, paper stuffs, etc. inside each separate collection box, which were possessed after cutting three separate collection boxes installed in Jeju-si in front of C at Jeju-si; and (b) destroyed the public danger by setting fire to three separate collection boxes (40,000 won per opening market price).

2. On June 16, 2015, the Defendant was arrested as a current offender for the same reason as described in paragraph (1) around 04:52 on the same date, and then moved from the Jeju Western Police Station's Metropolitan Police Station in Seo-gu, 215 to a slope E in accordance with slope E, the Defendant without any justifiable reason to the said police officer;

C. I will throw away all of the suss when they die.

Mah, Mah, bit bitch bitch bitch bitch bitch bitch bitch bitch bitch bith, and the above police officer's face was flick at one time, which interfered with the police officer's legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. A protocol of seizure and a list of seizure;

1. Relevant photographs;

1. Each investigation report (the defendant and his defense counsel had a mental and physical weakness at the time that the defendant had been physically and mentally in a state due to a sense of exchange and a certificate of exchange;

However, in full view of the circumstances and methods of each of the instant crimes, and the Defendant’s actions before and after the commission of each of the instant crimes, the Defendant was found to have committed a lack of the ability to discern things or make decisions due to the crypation, exchange proof, etc. at the time of each of the instant crimes.

As such, we cannot see this argument, we cannot accept it.

Application of Statutes

1. Article 167 (1) of the Criminal Act and the facts set forth in Article 167 (1) of the Decision on the Selection of Punishment: Article 136 (1) of the Criminal Act (the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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