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(영문) 수원지방법원 안산지원 2018.05.24 2018고단1097
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 1, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (joint rapion) at the Suwon Franchising Institute on September 1, 2017, and completed the execution of the sentence at the Ginju Prison on December 28, 2017.

[Criminal facts]

1. On March 27, 2018, the Defendant damaged property: (a) around 02:00, at 1studio E operated by the victim D on the top of the 1st floor in Ansan-si, Ansan-si; (b) due to the payment of the price for singing; (c) the Defendant caused the victim to pay the costs for singing; and (d) the Defendant destroyed one monitor at least 600,000 won at the market price of the victim’s possession, and one copy of the reinforced glass of the screen protection amounting to KRW 160,00 at the market price.

Accordingly, the defendant damaged the victim's property.

2. On March 27, 2018, around 02:54, the Defendant damaged public goods, on the ground that he/she was arrested and detained as a current criminal for the same criminal facts as the stated in paragraph (1) at a police station G district district in Ansan-si, Ansan-si, Ansan-si, Annsan-si, and that he/she was in the police station, he/she sawly divided it into “one Gazz,” and “one Gaz,” and divided the round from the support unit in which he/she gets off a round of 158,00 won at the market price on two occasions.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (related to the value of goods for public use and estimates of singing machines);

1. Written estimate;

1. Each photograph;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report on confirmation of repeated crimes, etc.);

1. Relevant legal provisions concerning facts constituting an offense, Article 141(1) of the Criminal Act (a point of damage to goods for public use), Article 366 of the Criminal Act, and choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes (influence of execution of official duties) 1 (influence of execution of official duties) / [the scope of recommended punishment] invalidation and destruction of public goods.

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