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(영문) 부산지방법원 2020.06.11 2020고단1153
공용물건손상등
Text

Defendant

A shall be punished by imprisonment for five months, by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. On March 1, 2020, at around 19:15, the Defendant damaged the victim’s property by making the victim’s E-owned F, which was parked in the vicinity of the F, which was owned by the victim E and unloading the core part of the car by hand, on the ground that the Defendant caused the damage to the property in front of the “D cafeteria” located in the Geum-gu Busan Metropolitan City, F, F, which was parked in the vicinity of the F, thereby damaging the main part of the car.

B. Around 19:50 on March 1, 2020, the Defendant damaged public goods by using one computer monitor at the market price, which is a public goods used in the foregoing district where a flagrant offender was arrested and detained for committing the crime as referred to in paragraph (1), as a matter of paragraph (1), as a matter of course, at the Busan Geum-gu Police Station located in Geum-gu, Busan, and at the same time, was destroyed by using one computer monitor at the floor.

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

2. Defendant B damaged the victim’s property in a way that the victim E, who suffered from the crime, such as the date and time and place described in paragraph (1), and the crime described in paragraph (1), sees the victim’s desire and blicks, which are dangerous objects, and blicks the part of the victim’s car owned by paragraph (1) to cover the repair cost of KRW 869,966.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Investigative reports (field conditions, etc.), photographs of damaged vehicles, and photographs of the damaged parts of monitors;

1. Application of Acts and subordinate statutes to confirm an investigation report (a written estimate of repair cost), a written estimate of repair cost, the current market price of damaged goods for public use, etc.;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 141(1) of the Criminal Act (a point of damage to public goods), Article 366 of the Criminal Act (a point of damage to property), and choice of imprisonment for each sentence of imprisonment

B. Defendant B: Articles 369(1) and 366 of the Criminal Act (Selection of Fine)

1. The Criminal Act of Aggravation for Concurrent Crimes (Defendant A);

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