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(영문) 대전지방법원 2015.02.09 2014고단4244

재물손괴등

Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Daejeon District Court (determined on February 4, 2014) and completed the execution of the sentence in the Daejeon Prison on February 7, 2014.

1. On November 5, 2014, the Defendant: (a) around 19:05, the subway discharge platform located at the center of Daejeon Dong-gu, Daejeon; (b) while the Defendant, who was going to board a subway vehicle in the direction of the subway station, was approaching the screen screen installed on the platform by driving the electric wheelchairs, which the Defendant was going to board and getting on the platform while approaching the platform; (c) on the one hand, all passengers already get on and off, the screen screen shuts down, and the electric car starts to stop to board the electric vehicle as he thought.

As a result, the Defendant: (a) destroyed and damaged the screen log managed by the Daejeon Urban Railroad Corporation, which is a victim, by cutting off the screen log; (b) and (c) caused the screen log by driving the electric wheelchairs, so that the repair cost of KRW 945,00,000 can be reached.

2. On November 5, 2014, at around 19:09, the Defendant obstructed the flow of electric trains by negligence by driving electric wheelchairs at the subway station platform of the said subway station, driving them, protruding the front screen air, which was damaged as referred to in paragraph (1), and driving the screen screen, which was damaged as referred to in paragraph (1), with the front screen, without stopping at the time, driving the screen screen, which was pushed back along with the front wheelchairs, and driving the screen screen, which was left behind the platform, with the front screen, and saving the Defendant until 20:07 on the same day, and preventing the operation of electric trains by providing rescue to the Defendant, training accidents, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to G and H;

1. Written estimate;

1. The crime scene, photograph, and field video recording;

1. Each report on investigation;

1. Application of criminal records and a copy of judgment;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and Articles 189 (1) and 186 of the Criminal Act;

1. Article 35 (Crime of Destruction and Damage to Property) of the Criminal Act among repeated crimes.