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(영문) 인천지방법원 2014.02.07 2013고정4667

공용물건손상등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 1:43 on November 10, 2013, the Defendant damaged public objects and caused damage to their utility by putting a locked door at the C Public Security Center located in Nam-gu Incheon Metropolitan City, Nam-gu, without any special reason, at several times, cutting off the door, cutting off several times, cutting off the door door, cutting off the seal-phone devices installed adjacent to the entrance, and cutting off them on the wall, thereby damaging the use of objects by public offices.

2. On November 20, 2013, the Defendant attempted to damage things used by public offices, such as, under the influence of alcohol at the above Public Security Center, intending to dump the entrance, dump, and throw down several strings, and throwing two strings of the front door, without any justifiable reason, but was arrested to police officers dispatched to the site and attempted to commit a crime by arresting judicial police officers D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of investigation reports (10 pages of investigation records), field photographs, investigation reports (case of confirmation ofCCTV), and written estimates and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 141(1) of the Criminal Act (the point of damage to goods for public use), Articles 143 and 141(1) of the Criminal Act (the point of attempted damage to goods for public use) of the same Act, and the choice of fines

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

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

1. The Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act was alleged to the effect that at the time of each of the instant crimes, the Defendant did not have the ability or ability to make a decision to discern things at the time of each of the instant crimes, in light of health records, the background and method of each of the instant crimes, and the circumstances after each of the instant crimes.

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.