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(영문) 창원지방법원 통영지원 2019.09.24 2019고단767
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2019, the Defendant: (a) around 01:07, in front of the D managed by the victim C, who was in a common city B; (b) and (c) had a stone with a stone, without any particular reason, left the windows of the first floor of the said library while under the influence of alcohol; and (d) went through the shoulder window to the said library, and intruded on the building managed by the said victim.

The Defendant damaged public goods at the time and place indicated in the above paragraph (1) of this Article, following intrusion into D, which is a public office due to the above circumstances, and damaged the market price by destroying two outer glass windows on the back side of the library, which is a public object managed by the victim C, and one outer glass window of the young material room, by an influencing method, so that the market price is equivalent to 363,000 won. On the other hand, the Defendant continuously damaged the network by an influencing method one of the common goods in the audio-visual room of the above library’s market price equivalent to 65,900 won, which is a public object in the audio-visual room of the second floor of the above library, and by gathering one iron scraper of the market price equivalent to 149,00 won, which was a public object in the closed room of the above library.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A report on internal investigation (on the spot operation report);

1. Written estimate, etc.;

1. Application of Acts and subordinate statutes to report internal history;

1. Relevant Article 319(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141 of the Criminal Act, the choice of imprisonment for the crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (the punishment heavier than that provided for in the crime of damaging Public Articles) shall be aggravated within the scope of the sum of the maximum term of the crimes above

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The sentencing criteria have not yet been set for concurrent crimes among the crimes of this case where the sentencing criteria have been set and the crimes of intrusion upon structures have not been set among the crimes of this case where the sentencing criteria have not been set.

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