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(영문) 광주지방법원 2017.05.19 2017고단186
공용물건손상등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

1. On December 7, 2016, the Defendant damaged property: (a) around 03:00, the E frequency run by the victim D in Gwangju North-gu, Gwangju-gu; (b) the Defendant’s client at the price of KRW 100,000,000, 100,000, as the market price was either 70,000,000, or 10,000,000, or more; and (c) continued to walk 3-4,000, 3-4,000 if the market price was 65,00 won or more.

Accordingly, the defendant damaged the property of 230,000 won owned by the victim.

2. On December 7, 2016, the Defendant damaged public goods at around 03:30 around 1, 2016, at around 03:30, and at the site upon receipt of a report 112, the Defendant got on the back of the patrol while receiving a demand for voluntary accompanying from the police officer belonging to the F District Police Station of the F District Police Station in Gwangju, the Defendant got on the back of the patrol, and thereby, damaged the Defendant’s utility by breaking the back part of the patrol to the right side of the market value equivalent to KRW 10,00 in the market value used by the public office of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or H;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 141 (1) (a point of damage to goods for public use) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of an alternative fine (the fact that agreement is reached with the victim of damage to property and the extent of damage to public goods is insignificant);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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