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(영문) 서울중앙지방법원 2017.09.27 2017고단4053

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a married couple who has been divorced by agreement with the victim B.

A. On May 27, 2017: 16:25, the Defendant damaged the property by removing the victim from having his/her own children in the management room of the D skin located in Dongjak-gu Seoul Metropolitan Government 106 Dong 305, and thereby seeking permission from him/her. However, on the ground that the victim was out of the room, he/she did not have his/her own telephone, the Defendant destroyed the vehicle by breaking the 6,130,000 total market value of the victim who was in the store in the bar because he/she did not have his/her own telephone.

B. At around 17:10 on May 27, 2017, the Defendant damaged public goods: (a) was arrested in flagrant offender on the same ground as the FF district located in Dongjak-gu Seoul Metropolitan Government for the same reason as that of the said paragraph, and during that process, the Defendant sought the victim of the said paragraph from G G G G in the F District; (b) called “A” but attempted again to return to the victim; (c) on the ground that there was no contact with the victim, the Defendant did not receive contact, thereby impairing the utility of 160.00 won, which was used by public offices, such as the string of the F District door door door, and damaging the glass door due to the damage of the glass door.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H and B;

1. A written statement of I;

1. Written estimate (related to the entrance door of the F earthing Station) and a detailed statement of destruction;

1. Application of Acts and subordinate statutes to photographs damaged within each page;

1. Article 366 of the Criminal Act in relation to the facts constituting the crime (the point of damage to property) and Article 141(1) of the Criminal Act (the point of damage to property for public use);

1. Selection of an alternative fine (the fact that an agreement is made with respect to the damage of property, the fact that an agreement is made smoothly with respect to the damage of public property, the fact that the damage caused by damage of public property is minor, the fact that there are no previous convictions and the fact that there are only three times the amount of fine, and the fact that all the crimes

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.