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(영문) 창원지방법원 거창지원 2019.02.13 2018고단326
공용물건손상등
Text

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

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

Reasons

Punishment of the crime

1. On October 11, 2018, the Defendant: (a) at around 22:35 on October 22, 2018, the Defendant: (b) observed that the victim C (the 40-year old-old-old-gun) had access to other rooms operated by the same room; (c) but, on the ground that the victim was not admitted, the Defendant: (a) destroyed the damage of property by going beyond the air conditioners for the victim’s alcohol; (d) 330,000 won at the market price, which was owned by the victim; and (e) 3 beer boxes equivalent to KRW 123,000 at the market price of the said air condition; (e) 23,50,000 won at the market price of the said air condition; and (e) destroyed the damage equivalent to KRW 841,00,000, such as the sum of the hot water repair cost, 350,000, 15,000 won.

Accordingly, the defendant damaged the victim's property.

2. On October 11, 2018, at around 23:10 on October 23:10, 2018, the Defendant damaged public goods, while in conversation with the above C, the Defendant destroyed one copy of the glass (a) equivalent to 40,000 won at the market price where the Defendant was attached to the above table, on the ground that C is bad for the reason that it would be bad for the Defendant.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and C;

1. Application of the Acts and subordinate statutes of each internal investigation report (No. 6 through 9 of the evidence list), investigation report (No. 17, 21 of the evidence list), table estimate, irrigation estimate, shock rinks transaction statement;

1. Article 141 (1) of the Criminal Act (a point of damage to public goods) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The Defendant committed a crime relating to the destruction of property and violence in 2009.

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