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(영문) 서울북부지방법원 2020.05.15 2020고단81

공용물건손상

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 20, 2019, at around 21:25, the Defendant: (a) reported the Defendant’s 112 report on the Defendant’s cab-free vehicle in front of the Myeonn Station located in Jung-gu Seoul, Jung-gu, Seoul, and thereby damaged the goods used by public offices by making it difficult for the Defendant to refer the Defendant to the summary trial. (b) The Defendant took a bath to the said C; (c) cut off the patrol vehicle on one occasion by driving the patrol vehicle on one hand; and (d) interfered with the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (a photographed and damaged patrol vehicle shall be attached);

1. Relevant Article 141 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The fact that there are many kinds of criminal records for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the crime of this case during the period of probation is committed is disadvantageous to others.

However, the crime of this case was referred to a summary judgment, and the defendant was under the influence of alcohol, and was under probation prior to the crime of this case, according to the notification of the situation of probation, a relatively faithful order to provide community service has been committed and received probation. The crime of this case has occurred after the expiration of the period of probation and probation period of 3/4, and immediately after the crime of this case, the investigative agency shows that the degree of damage is minor, and the repair cost has been reimbursed.

In such circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are considered as the order.