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(영문) 인천지방법원 2017.08.31 2017고단3647
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On January 16, 2017, at around 18:57, the Defendant damaged a police officer who was called up upon receiving a report after going beyond the vehicle from the victim D, who was under the influence of alcohol, due to his/her walking to the abdomination of the mountain red powder owned by the victim D, and being called up after receiving a report. The Defendant destroyed the said chemical by again walking the said chemical part.

2. The Defendant who damaged public goods was arrested as a flagrant offender at the time, time, and place specified in paragraph (1) due to the suspicion of property damage, and was on board the patrol vehicle No. 41, which is a public object managed by the station located within the station located within the station located in the Incheon Southern Police Station, and was moving to the said district, the Defendant damaged the vehicle by walking the front and rear of the patrol vehicle and the stop of the steel chemical in the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions for facts constituting an offense, Article 366 of the Criminal Act of the choice of punishment, Article 141 (1) of the Criminal Act (the point of damage to property for public use), and the choice of fines (the point of damage to patrolr, but not restored to the victim), which C agreed with the victim, is minor, the damage of patrolr is minor, the defendant has no criminal record of the same kind and imprisonment without prison labor or heavier, and is against his/her mistake, etc.);

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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