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(영문) 광주지방법원 2015.06.24 2014고단993

재물손괴등

Text

The sentence against the accused shall be set forth as a fine of four million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. On March 4, 2014, at around 22:40, the Defendant damaged the property owned by the victim to require KRW 130,000,000,00 in total of the repair cost of the card apparatus, studler, and empty marking, etc. installed in the Gap-si, on the front side of the west Elementary School located in 36, a 38-gil, Seo-gu, Seo-gu, Gwangju, to be unloaded from a private taxi operated by the victim B, due to the problem of taxi charges, etc.

2. The Defendant: (a) was arrested as a flagrant offender due to the suspicion of property damage and damage as stated in the foregoing paragraph (1) from two guards, etc. in the position E, etc. of the Gwangju Western Police Station D District District; and (b) was on board the back seat of the Franchis patrol vehicle managed by the said D District, the Defendant destroyed the utility of the goods used by public offices by breaking the front front door of the said patrol vehicle, thereby damaging the repair cost to require approximately KRW 103,00,000.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer in G; and

1. A written statement prepared B;

1. Application of Acts and subordinate statutes to entries in each written estimate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of causing property damage as judged: Article 366 of the Criminal Act;

(b) Point of damage to public goods in its holding: Article 141(1) of the Criminal Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;