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(영문) 서울서부지방법원 2017.02.24 2016고단3338
공용물건손상등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. The Defendant, on October 14, 2016, reported that the victim C (45 years) did not lend money to the Defendant in the “New Blue Children Park” located in Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government Automatic on the ground that it was bad for the victim C (45 years) to not lend money to the Defendant, and that the victim was able to do so, whether it is well for the victim to do so.

Along with a bath theory such as "Chewing rings", a breath assaulted by the victim's hand by cutting breath and drinking breath as he can be seen by the victim.

2. On October 14, 2016, around 19:50, the Defendant damaged goods used by public offices by taking 30,000 free windows (59cm X 110cm) of the market price, which was installed after the atmosphere of the area, and was arrested as a current offender under suspicion of assaulting C, such as the 16 Nao-ro, 17 Doo-ro, Yongsan-gu, Yongsan-gu, Seoul, as described in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Application of the Acts and subordinate statutes on photographs and receipts of glass windows;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) and Article 141(1) of the Criminal Act (the point of damage to goods for public use) and the selection of penalties for each fine concerning the crime;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a repeated crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and a part of the crime is a bad and not an anti-discrimination while denying it.

However, in the case of the crime of relatively minor damage and damage to public goods, it is possible to select a fine only once in consideration of the fact that the damage has been taken to recover the damage, the fact that the child born from the side to the child scheduled to enter middle school has six children.

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