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(영문) 창원지방법원 통영지원 2018.10.12 2018고단725
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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 May 22, 2018, the Defendant assaulted the victim’s right side her hand at one time while paying the taxi fee to the victim C(63 years) who is a taxi driver without paying the taxi fee on the roads in front of the Public Security Center of the Dong-gu Police Station located in the 40-ro, Hanam-si, Hanam-si, Gyeongnam-si, Seoul, at around 01:40 on May 2, 2018.

2. On the above day, the Defendant: (a) reported at the public security center office of the above subordinate office around 02:10 on the above day, and (b) reported to 112, stating that “the Defendant is performing trial expenses to a taxi engineer without paying a taxi; (c) the police box belonging to the police station of the 112 police station; and (d) the police officer assigned to the police station of the Dong-gu Police Station, who was asked for the instant guard; (d) the Defendant stated that “the Defendant was shot, several murders; (e) flachis, and (e) the Defendant took a bath, and the above circumstances E

Upon warning, it was damaged by breaking off the glass of a customer who was a public good in the office of the defendant's personal phone with the defendant's personal phone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes concerning G police statements;

1. The point of assaulting relevant legal provisions on criminal facts: The point of damaging goods for public use under Article 260 (1) of the Criminal Act: Article 141 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant asserts to the effect that the Defendant was in a state of mental or physical weakness or loss under the influence of alcohol at the time of the instant case.

In light of the circumstances and contents leading to the instant crime, the Defendant’s remarks and actions before and after the instant crime, etc., which were acknowledged by the evidence duly adopted and examined by the court, had weak ability to discern things or make decisions at the time of the instant crime.

shall not be deemed to exist.

The reason for sentencing was that the defendant did not agree with the victims.

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