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(영문) 대전지방법원 천안지원 2017.11.29 2017고정720

공용물건손상미수등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 1, 2016, the Defendant, who attempted to damage public goods, was at the front of the D convenience store run by the Defendant located in Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant was subject to an investigation of the circumstances of the instant case by the sloping F, and G, of the 112 report and called out after receiving the 112 report.

The Defendant did not commit the following acts: (a) the police officer, after the investigation, tried to damage the gate by walking the gate to the right side of the defective patrol vehicle to leave the gate; (b) the police officer tried to damage the gate, but did not damage the gate; and (c) the police officer failed to do so.

Accordingly, the Defendant attempted to impair the utility of goods used by public offices.

2. On October 1, 2016, around 02:20, the Defendant: (a) was arrested as a current offender for the same reasons as indicated in the foregoing paragraph 1; and (b) was carried out in the E box located in Southern-gu, Southern-gu, Southern-gu; (c) while taking a bath, the Defendant was able to remove the partitions over the floor of the vehicle by walking the partitions.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and F;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 143 and 141(1) of the Criminal Act (the attempted crime of damage to goods for public use) concerning the selection of punishment, Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant was under the influence of alcohol at the time, and the Defendant is currently recognizing and opposing his mistake.

There is no criminal punishment exceeding a fine.

However, the defendant's act is likely to be criticized not only because it interferes with the police officer's duty to maintain the order, but also can promote a light of law and order and public authority.