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(영문) 서울동부지방법원 2018.05.10 2017고단3841
공용물건손상등
Text

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

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

Reasons

Punishment of the crime

1. On October 12, 2017, the Defendant: (a) around 20:32, 2017, the Defendant: (b) maintained the upper part of the right part of the back of the Eone Star vehicle affiliated with the Seoul Songpa Police Station D, which was stopped to regulate the illegal operation of nearby singing rooms in front of Songpa-gu Seoul; and (c) caused the Defendant to have the repair cost equivalent to KRW 158,695 in total.

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

2. The Defendant: (a) was arrested as the current offender on the above date, at the above time, at the above place; (b) was arrested as the current offender due to the above crime; and (c) was continuously lowered and sounded in front of the Seoul Songpa-gu Seoul Songpa-gu F while getting on board the back seat of the driver seat of the said Lone Star F; and (c) was hicking the horses that “I will ask for the value of damaged crime and go to the house; (d) I would like to say that “I will not arrest and release the current offender as the current offender,” from the victim G (54 years) who is the police officer of the Seoul Song-gu Police Station affiliated with the Seoul Song-gu Police Station, who was seated next to the Defendant, who was seated in the seat of the Defendant, “I will not release the dead offender”; and (e) said G would interfere with the legitimate execution of duties concerning the arrest and transfer of

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Evidence and photographs of damage to public goods;

1. Application of Acts and subordinate statutes to a investigation report (the submission of a general medical certificate and a written estimate for repair);

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (a) (a point of damage to goods for public use), Article 136(1) (a) of the Criminal Act (a point of obstructing the performance of official duties) and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The summary of the facts charged is as follows: (a) the Defendant was arrested as a current offender for the same crime at the same place as indicated in paragraph (1) of the facts constituting an offense on October 12, 2017, and was on board the back seat of the Eone Star vehicle affiliated with Seoul Song Police Station D.

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