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(영문) 서울남부지방법원 2016.07.14 2016고단2082
공용물건손상
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 17, 2016, at around 00:13, the Defendant damaged patrol cars used by public offices by a police officer, who was dispatched after receiving 112 reports on the roads front of the gas station C located in Yeongdeungpo-gu Seoul Metropolitan Government, to arrest a flagrant offender in the crime of assault, taking the back part of the patrol car, which was set up in the front of the patrol car, to the extent that the market price is equivalent to KRW 201,518.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Written estimate;

1. Each photograph;

1. Application of Acts and subordinate statutes to the documents sent for drilling (the details of payment of repair expenses);

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment (Selection of penalty);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there are many criminal records that the defendant was punished for assault-related criminal records, and that the defendant damaged patrol vehicles by setting up against the police officer who arrested the flagrant offender.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the confession and reflect of the defendant, the full reimbursement of the repair cost of the damaged vehicle, etc., shall be determined by comprehensively taking into account the circumstances favorable to the defendant, such as the defendant's age, sex, environment, etc.

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