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(영문) 대구지방법원 2018.06.21 2018고단1136

특수공용물건손상

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

The defendant is the person who operates female clothing sales store in the D Station underground shopping districts located in Daegu-gu, and the Director General of the Office of the D Station of the World Commercial Building Merchants' Association in the D Station underground shopping districts, and the D Station of the D Station has followed disputes such as our assets management, which is a management entity in the D Station underground shopping districts for about two years due to the unpaid management expenses.

On December 11, 2017, the executive members of the D World Commercial Building Merchant Association, including the Defendant, called from the public official in charge of the transportation of Daegu Viewing Construction Co., Ltd. on the 17:00 on December 11, 2017, to ask for the attendance at the meetings to mediate related disputes, such as the management expenses for underground shopping malls in the D station, which is scheduled to be held at the 3rd floor construction of the 40th floor in Daegu Y-gu, North-gu, Nowon-gu, Seoul, the public official in charge of transportation of Daegu Viewing Co., Ltd. on the 18:05 day.

At around 18:05 on the same day, the Defendant, at the above construction transportation bureau room, informed about one hour prior to the above opening of the meeting, was dissatisfied with the charge, which is a dangerous object (35 cm in total) with a good and low-risk article (35 cm in length), and broken down the favor on the consignee in an aggregate of 200,000 won in the market value.

Accordingly, the defendant carried dangerous objects and damaged public goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

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

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 141(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The crime is not likely to be committed in light of the fact that the articles being used by public offices are damaged by carrying a hacks, which are dangerous objects for sentencing under Article 48(1)1 of the Confiscation Criminal Act, and that it was obvious that the risk would have been much likely.

However, the age, sex, environment, and crime of the defendant are different in terms of the fact that the defendant recognizes the crime and the degree of damage is not heavy.