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(영문) 부산지방법원 2013.10.30 2013고단5073

공용물건손상

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 18, 2012, the Defendant was sentenced to imprisonment for ten months with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at Busan High Court on July 18, 2012, and completed the execution of the said sentence on September 13, 20

On June 21, 2013, the defendant was sentenced to four months of imprisonment with prison labor for the crime of injury at the Busan District Court and was accommodated in the office of the Busan District Court 29 U.S. P. 7 P.S. Do-dong, Busan District Court 2013, and the same year

8.23 The above judgment became final and conclusive.

At around 17:40 on July 13, 2013, the Defendant: (a) heard the phrase “breathing off water” from C in the same room that “a booming off water,” while viewing the said TV at the second floor of the lower floor in which the Defendant was in custody; (b) 23, a public object monitor TV for the combined use of breath (70cm x 53cm x 53cm in size), which is a public object in the living room; and (c) 26,000 won for repairing the said TV, respectively, was destroyed to have approximately KRW 24,00,000 for repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. A report on investigation (attaching photographs);

1. Application of written estimates and written estimates to the Acts and subordinate statutes;

1. Article 141 (1) of the Criminal Act applicable to the crimes and Article 141 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing in the latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Code (trades of the above crime and the injury for which judgment became final) of the Criminal Procedure Act, the defendant again committed the instant crime during the period of repeated offense, and the damage was not recovered.

However, it seems that the defendant led to the crime of this case because it is difficult to control the appraisal due to the mental fissionation.

In the above circumstances, equality with the case where the crime of injury was judged concurrently with the crime of injury, and the motive, means and result of the crime of this case, the age, character and conduct, environment and circumstances after the crime of this case, etc. are conditions for the punishment of this case.