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(영문) 광주지방법원 목포지원 2013.12.13 2013고정453

공용물건손상등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

When police officers, who were sent to a marina scene after having been tested by another person at the latest, were tried to urgently send a punishment by patrol vehicle, the defendant was misunderstanding that they would not arrest the offender and stop the vehicle, and made it improper with the police officers.

1. On February 9, 2013, the Defendant: (a) around 03:00 on February 9, 2013, the Defendant: (b) damaged the patrol vehicle, in front of the main point of “C” located in Sinpo City B, to leave the site; and (c) damaged the victim D, the owner of the said main place of business, by making it known that the outdoor tennis, etc., equivalent to KRW 150,00,000, at the market price owned by

2. The Defendant damaged public goods at a time, time, and at a place, such as Paragraph 1, and thereby damaged the Defendant’s repair cost of KRW 747,00,00 for the goods used by public offices by putting the F patrol car driver’s seat on his hand at the direction of the Bana Police Station Embling box in his hand, and taking the direction of the F patrol car driver’s seat of the Bana Police Station Embling box in his hands.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Photographss and photographs of the damaged patrol vehicle, such as the destructive test, etc.;

1. Application of Acts and subordinate statutes on the payment table of repair fees;

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, Article 141(1) of the Criminal Act, the choice of fines for each crime (the point where the crime is recognized, the point where the crime is committed, the full amount of patrol cars repair expenses was paid, the fact that the defendant did not have any penal power other than receiving a fine of KRW 70,000 due to a joint injury in 2010, and the fact that the defendant seems to have suffered an injury at the time, etc.)

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

1. Articles 70 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;