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(영문) 대전지방법원 2018.08.30 2018고단1781
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 17, 2018, the Defendant: (a) 22:30 on April 17, 2018, the Defendant: (b) was drunk on the front of the restaurant C, located in Daejeon Seodong-gu B; and (c) without any justifiable reason, was accompanied by the Defendant, at his/her own discretion, by cutting down the 20,000 won of the market price set up in the head glass window for passenger cars owned by the victim D.

Accordingly, the defendant damaged the victim's property.

2. At around 22:55 on April 17, 2018, the Defendant: (a) sent out by the Defendant at the place indicated in the foregoing paragraph (1); (b) the victim G belonging to the F District, who was reported by the Defendant that the Defendant destroyed the goods as referred to in the foregoing paragraph (1) 1; and (c) the victim H, who was affiliated with the same police officer, asked the Defendant to ask his personal information to the Defendant; and (d) the victim H, including D, made a large voice so that they may hear the Defendant, including the Defendant, including the foregoing paragraph (1).

Accordingly, the defendant publicly insultingd the victims.

3. The Defendant damaged public goods, at the time and place described in the foregoing paragraph 2, taken the Defendant’s cell phone camera in the police station’s cell phone, and added a mobile phone case of KRW 10,00 in an amount of KRW 10,00 in the market price by cutting the aforementioned cell phone in his hand to the floor.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and H;

1. Each complaint filed by G and H;

1. Investigation report (specific market price of goods damaged by damage to property or public goods);

1. Application of on-site photographs and statutes governing damaged photographs;

1. Articles 141(1), 366, and 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of insult in each judgment);

1. Selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Considerations, such as the reflection of the reason and background of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage, and the fact that there was a single-time record of a fine for dual type of punishment.

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