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(영문) 서울북부지방법원 2018.04.20 2017고단5502
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 9, 2017, at around 18:59, the Defendant visited the employees E of the said vehicle in order to receive the return of the 'D' NF Soon vehicle owned by the Defendant, which is towed by the violation of the parking regulations, from the 'C Towing Vehicle Storage Office' affiliated with the 'Urban Management Corporation' B in Seoul, and proposed to pay the towing charges and the 52,800 won of the vehicle storage fees to the employees of the said vehicle in order to pay the vehicle on the next day. However, the Defendant failed to pay the vehicle storage fees, without paying the vehicle storage fees, driven the said vehicle without driving the vehicle on the right side of the vehicle and caused the blocking machine installed at the entrance of the vehicle storage facility, and went without the vehicle storage.

Accordingly, the defendant's car possessed by the above Corporation was towed by the defendant's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's vehicle's notice in Dongdaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (the details of the prosecutor's direction and field investigation);

1. An accident explanatory note;

1. A vehicle registration certificate, towing system, and comprehensive vehicle use;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 141(1) of the Criminal Act (the point of damage to goods for public use), Article 323 of the Criminal Act (the point of obstructing the exercise of rights), and the selection of a new type of punishment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, even though the defendant had already been punished several times for the same kind of crime, the defendant committed each of the crimes of this case at the same time, the failure to recover damage, under the circumstances unfavorable to the defendant, the defendant recognized each of the crimes of this case and speaks against the defendant, and the case of larceny, etc. prosecuted on a separate basis, should be taken into account at the same time with the case of larceny, etc. (the Vice District Court Decision 2018 High Court Order 254).

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