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(영문) 의정부지방법원 2018.01.19 2017고단5310

공용물건손상등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 October 8, 2017, the Defendant: (a) around 03:30 on October 8, 2017, around 03:30, the Defendant, while under the influence of alcohol, destroyed the Defendant’s utility by cutting off the victim C-owned lebba, which was parked in the vicinity of the said place, and by the priceing off the lebba with the ebbbbbane, thereby damaging the repair cost to the extent equivalent to KRW 341,495.

2. At the above time and place, the Defendant: (a) discovered the victim D ( South Korea, 34 years old) who was frightened at the bend; and (b) obstructed the victim by walking the parts of the embars, thereby damaging the victim beyond the floor of the vehicle; and (c) caused injury to the victim, such as salt, tension, etc. on each side of the bones for two weeks of treatment.

3. On October 8, 2017, the Defendant: (a) was arrested by the police officer affiliated with the House E police box of the Jung-gu Police Station, who called out after receiving 112 a report to avoid the disturbance at the above location on October 8, 2017; (b) was arrested as a current criminal for the crime of injury, etc.; and (c) was boarded at the back seat of the patrol patrol No. 51.

The Defendant damaged the patrol car, which is a thing used by public offices, such as the patrol car’s separation string of plastic material in drinking, the shoulder, the back door of the auxiliary string up several times to display even parts of the auxiliary string, etc., and damaged its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of C and D;

1. A written diagnosis of injury;

1. A investigation report (a written estimate to be attached to a written estimate and a written estimate to repair the patrol vehicle - each written estimate); and

1. Application of each statute on photographs;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 257(1) of the Criminal Act (a point of harm), Article 366 of the Criminal Act (a point of damage to goods), and the choice of imprisonment with prison labor for each crime;

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 suspension of execution (the following favorable circumstances):

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.