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(영문) 서울동부지방법원 2016.10.12 2016고단1991

공용물건손상등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. "2016 Highest 1991";

A. On May 25, 2016, the Defendant damaged public goods, around 04:38, the Defendant: (a) attempted to enter the subway station located in the village railway station located in the Gangdong-gu Seoul Metropolitan Government Yang Jae-gu to the subway station; (b) but, on the ground that the exhausters door was locked, destroyed that the amount of KRW 233,200 repair cost would be KRW 23,200.

Accordingly, the defendant damaged the articles used by public offices.

B. The Defendant: (a) committed assault against the Defendant, who destroyed the door of a stack by the victim B (the age of 49) who was in the said date and place; (b) caused the said time and place, and (c) committed twice twice the vessels of the victim, on the ground that the Defendant “Ne is the superior.”

Accordingly, the defendant assaulted the victim.

2. On April 14, 2014, the Defendant: (a) around 21:35, the 2016 Highest 2902 Defendant: (b) under the influence of alcohol in front of the Taebagn Station in Taeban-si, Taeban-si; (c) was fluened by the victim C (36 years of age) who was an employee of Tae Taeban-si, was fluor and Taeban-si, and was fluored by the victim’s flabing of the flab; and (d) was flad by the Defendant’s flabing of the victim’s face and chest; and (e) was flad by the Defendant’s flabing of the flab.

As a result, the defendant suffered multiple diagnosis and injury that need to be treated for about two weeks.

Summary of Evidence

[Judgment 1] Facts [2016 Highest 1991]

1. Partial statement of the defendant;

1. B written statements;

1. On-site photographs of damaged parts;

1. Two facts in the judgment of the investigative report (the receipt of photographs after the closure of the victim or a quotation);

1. Defendant's legal statement;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 141 (1), 260 (1), and 257 (1) of the Criminal Act which choose the penalty;

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

1. The suspended execution goes beyond the fine under Article 62(1) of the Criminal Act, and most of the crimes of this case can be led to confession and reflect.