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(영문) 광주지방법원 2016.06.09 2016고단142

공용물건손상등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On October 25, 2015, the Defendant was unable to avoid disturbance by finding the victim E (n, 26 years of age) working at the place in D located in Sungsung-gun, Namsung-gun on October 25, 2015, and bringing about his face to the victim’s face, taking a hump, making him hump, and leaving the account hump.

Accordingly, the Defendant interfered with the victim's management by force.

2. Around 15:20 on the same day, the Defendant: (a) at around 15:20 on the same day, at the entrance of the victim G entrance, the Defendant: (b) opened the entrance of the victim G entrance installed at the entrance while receiving a report and responding to the reported details; and (c) opened the repair cost equivalent to KRW 30,000,000, discarded.

Accordingly, the defendant damaged the property owned by the victim.

3. The Defendant: (a) at around 15:30 on the same day, at the Sungsung-gun Police Station I Station located in He, the Defendant: (b) was voluntarily accompanied by the Twit-gun, who was called out after having received a report of disturbance, and was under investigation by the F to whom he was affiliated with the said police box, and carried out the goods for official use at his own discretion and carried out the goods for the convenience of KRW 90,000,000 at the market price.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. E statements;

1. A written estimate for an investigation report;

1. Written estimate;

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

1. Article 141(1) of the Criminal Act (a point of damage to goods for public use) of the relevant Act on criminal facts, Article 314(1) of the Criminal Act (a point of interference with business) and Article 366 of the Criminal Act on criminal facts;

1. Selection of each sentence of imprisonment;

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes, Article 1 of the Reasons for the Sentencing [the scope of recommending punishment], Article 1 of the Act on the Sentencing (Obstruction of Duties) is the basic area (6 months to 1 year and 6 months) [the person who is subject to special sentencing] 2 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] general standards.