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(영문) 서울서부지방법원 2019.08.13 2018고단3032
공용물건손상
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

At around 01:35 on July 7, 2018, the Defendant visited the Seodaemun-gu Seoul, Seoul, to the 105 New Village Public Security Center, but filed a report using a civil petition reporting telephone device outside the Public Security Center, which is not seen to be a police officer at the Public Security Center, with the outside cover installed to protect the telephone device, and caused it to interfere with the telephone call by closing the outside cover installed to protect the telephone device several times, and caused the damage to the use of the cover of the civil petition reporting telephone device equivalent to KRW 700,00 at the market price used by the public office.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing a destroyed civil petition telephone photograph, quotation, or video CD-making place;

1. Article 141(1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. According to the evidence of the conviction of Article 334(1) of the Criminal Procedure Act and the reasoning for sentencing, the defendant can be deemed to have an intentional act of damage since he/she can be found to have strongly covered a civil petition reporting telephone, and the defendant's assertion that it is based on simple negligence is not acceptable. The defendant's assertion that it is based on simple negligence was not only twice punished due to the crime of damaging public goods, but also repeats and denies the crime even though he/she was punished by violence. On the other hand, the circumstances leading up to the crime, the defendant's health condition and family relationship are different,

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