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(영문) 부산지방법원 2017.03.31 2016고정4205
공용물건손상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 12, 2016, at around 16:20 on October 16, 2016, the Defendant: (a) sent to the Busan Detention House, located in the main sentence of the Busan Seo-gu, Busan, that caused the lack of complaints and custody related to disciplinary action; (b) the mother’s health problems; and (c) caused the disturbance by gathering plastics and paints inside the ward; (d) accordingly, the Defendant carried protective equipment (metallic protective equipment) on the same day; (e) on the same day, the Defendant continued to put in C with C, but is not genuine, thereby damaging public goods by putting the toilets in the market.

2. On October 23, 2016, at around 19:20 on October 23, 2016, the Defendant demanded a worker at the above Busan detention center D to “a punishment for a uniform within his/her jurisdiction, so that he/she can drink with the spirit and medicine of drinking before he/she takes place.” However, a worker may pay his/her clothes within his/her jurisdiction at the same time.

“In response to the complaints against the fact that the request for the defect was not accepted, the CCTV was removed several times from the room with the intention of damaging the CCTV camera, and the attachment was removed from the room, and damaged the public goods by sending the door of the incombustible toilet in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Each letter of self-sufficiency of E and F;

1. Each service report of G, H and I;

1. Application of Acts and subordinate statutes to police investigation reports (the submission of evidence photographs and CCTV video images), police investigation reports (the submission of written estimates of replaced goods), and police investigation reports;

1. Article 141 of the Criminal Act applicable to the crime, Article 141 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are against the Defendant, and efforts have been made to reimburse expenses incurred in replacing the toilets of this case, taking into comprehensive account the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all other circumstances constituting the conditions for sentencing, such as the circumstances after the crime, etc., to reduce the punishment more than the summary order.

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