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(영문) 창원지방법원 2017.08.24 2017노1143
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principle and misunderstanding of the facts, 1) made any property in fact or appraisal unfortunate to be provided for its original purpose of use.

Even if it does not cause any change in the state of the object itself, it has impaired its utility.

subsection (b) of this section.

H In light of the fact that the large-scale photographer of the H president (hereinafter “the instant photographer”) caused a waterproof treatment and no particular difficulty in cleaning or removing garbage, etc., the Defendant saw the instant photographer and stomated the earth and stoves.

of this case’s photograph itself has changed

Therefore, the crime of damage to public goods is not established.

2) As to the intrusion of a structure, access to the G Memorial is not specifically prohibited, and it is not clear that the defendant's intrusion does not constitute a general permission. Thus, the defendant's act of entering the said memorial hall does not constitute the infringement of a structure.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged of the instant case is that the Defendant prepared to do so in advance and possessed the field of Australia, and then intrudes into the inner corridor wall of the G Memorial, which was affected by the entrance of the children’s experience center, in front of the photograph of the instant case where he was affected by the entrance wall of the children’s experience center, one column of the day of Australia.

The pictures of this case were put on the pictures of this case, and subsequent to the Republic of Korea

By rootsing this case’s photograph, this case’s photograph was invaded into G Memorial, which is a structure, and was used in the above memorial hall, and the utility of this case’s photograph was impaired.

B. As to damage to public goods, the lower court’s determination 1) undermines the utility of Article 141(1) of the Criminal Act.

“” shall be destroyed, concealed.

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