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(영문) 의정부지방법원 2019.05.10 2019고단938
공용물건손상
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 2, 2019, the defendant, who is currently serving in his/her own correctional institution, was damaged by 32 persons who walked with the 30,000 won of the repair cost and 250,000 won of the goods used by public offices in his/her own correctional institution.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement of D or E;

1. Application of each investigation report (a photograph of the damaged TV and a quotation of the damaged TV);

1. Relevant Article 141 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires a strict punishment for the crime of this case where the defendant did not observe the rules of the correctional institution and damaged public goods. However, it is recognized that the defendant led to the crime of this case, the damage amount is not significant, the defendant was caused by contingency in the course of wrapping with other prisoners, and the defendant suffers intellectual disability, and the defendant suffers intellectual disability. In addition, the punishment as ordered shall be determined by considering all the factors of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive for the crime, means and consequence of the crime, etc.

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