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(영문) 수원지방법원 2013.06.26 2013고단2144

공용물건손상등

Text

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

Reasons

Punishment of the crime

1. At around 06:20 on May 7, 2013, the Defendant was in front of the gathering of the victim D, 1st floor C 101 in Suwon-si, Suwon-si, Suwon-si, with a view to thefting property, and went into the victim’s residence, and entered the victim’s house where the victim was not able to recover property, and at least two half of the market price owned by the victim in the small release release on bail amounting to KRW 5,00,000, and 400,000, 150,000,000, the market price owned by the victim in the small release on bail was owned by the victim.

Accordingly, the defendant stolen the property by intrusion upon the victim's residence.

2. At around 12:40 on May 9, 2013, the Defendant damaged public goods by opening the safety cushion attached to the entrance at the police station room, which is a public office, on the ground that it was not upon his/her request, at the investigation of the Suwon Police Station and the detention room, stating that “at all times, salone would go to salone, and go to salone at home” in the area of the police station, and thereby impairing its utility by removing the safety cushion attached to the entrance at the entrance, which is a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Police seizure records;

1. Report on internal investigation (on-site inspection and investigation by the verification of CCTVs);

1. Application of Acts and subordinate statutes to photographs of the entrance door;

1. Article 141(1), Article 329, and Article 319(1) of the Criminal Act applicable to the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

1. From among concurrent crimes, it is difficult to avoid the sentence of the Defendant on the ground that there are a number of criminal records including the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes, and that the amount of damage from the crime of this case and the theft accompanied by the relevant several methods of intrusion upon residence.

However, after the execution of punishment is completed, the defendant has not reached a crime and has lived faithfully.