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(영문) 대전지방법원 서산지원 2015.03.19 2015고단41

특수공용물건손상

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 27, 2014, the Defendant was arrested in the act of committing a crime under the influence of alcohol driving at around 02:09, and was transferred to the Seosan Police Station, Seosan-si, 1042, and was released.

At around 03:40 on November 27, 2014, the Defendant refused to return home with objection to the above alcohol measurement, brought about bricks (20 cm, 10 cm in length) which are dangerous objects at the parking lot of the Mansan Public Security Center, and collected the above bricks toward the windows of the Mansan Public Security Center, thereby impairing its utility by destroying two copies of the windows of the Mansan Public Security Center, a public object, for the repair cost of KRW 90,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs and estimates of damage;

1. Article 144 (1) and Article 141 (1) of the Criminal Act and Articles 141 (1) of the Criminal Act concerning the applicable criminal facts, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was placed at the window of the police station, a public office, who is a public office, having a complaint in the police officer's investigation process, and the nature of the crime is not good. The defendant was disadvantageous to the defendant. The defendant recovered the damage caused by the crime of this case from the primary offender, and the fact that the defendant reflects the crime of this case is favorable to the defendant.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.