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(영문) 청주지방법원 2013.04.26 2012고단2499

공용물건손상

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to a suspended sentence of ten months for special obstruction of performance of official duties by the Cheongju District Court on September 19, 2012, and the judgment became final and conclusive on the 29th of the same month, and is currently under suspended execution.

【Criminal Facts】

On October 31, 2012, around 05:13, the Defendant, while under the influence of alcohol in front of the Cheongju-gu C apartment, Cheongju-si, Cheongju-si, took a bath in a large sound, and was accompanied by a police officer belonging to the Cheongju-gu Police Station D District Unit, which received the report of 112 from the security guards, to the D District Office in the Cheongju-si, Seodong-gu, Seodong-gu, Cheongju-si, and the Defendant was waiting to sit to the witness of the fact of human rights protection in the said D District Office because he did not have any guardian.

On October 31, 2012, around 05:40 on October 31, 2012, the Defendant: (a) held a book that happens on the floor of the said D District Office several occasions; (b) held that “a person exercises his right of silence; (c) he does not refuse to impose any punishment; and (d) he was not a human being; (b) laid the body of a computer on the floor, putting it up on the floor; and (c) carried it up several computer monitors.

Accordingly, the defendant damaged the computer body case in the amount of 165,00 won at the market price, which is the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written estimate;

1. Data from CCTV video-recording images;

1. Previous convictions in judgment: Criminal records, investigation reports (report accompanied by written judgments), and application of statutes governing judgment;

1. Relevant Article of the Criminal Act and Article 141 (1) of the Criminal Act concerning the selection of penalties;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed again the crime of this case even though he was under suspension of execution due to the same kind of crime. The defendant is in profoundly against the mistake while committing all the crime of this case. The crime of this case is deemed to have been committed by the defendant under the influence of alcohol, as well as damage therefrom.