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(영문) 서울서부지방법원 2012.10.17 2012고단1755
공용물건손상등
Text

A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violence;

A. On August 26, 2012, at around 12:35, the Defendant assaulted the victim E (the age of 16) by using the hand floor, which was shot from the second floor of “D Reading room” in Seodaemun-gu Seoul Metropolitan Government, without any justifiable reason, on one occasion.

B. On August 26, 2012, around 13:50 on August 26, 2012, the Defendant assaulted, without any justifiable reason, the part of the back of the victim G (n, 27 years of age) on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the head of a vehicle walking once.

C. On August 27, 2012, at around 06:00, the Defendant: (a) taken the victim H(s) on his/her hand floor at the room for female detention in the Seodaemun Police Station, without any justifiable reason, in a number of times; (b) took the victim over by hand; and (c) took the victim over by hand, walking clothes of the victim; and (d) assaulted the victim’s hack to the part of the part of the hack to the part of the hack and the part of the hack.

2. Damage to public goods;

A. On August 29, 2012, around 22:25, the Defendant: (a) was confined in five rooms of the cell of the Seodaemun Police Station; and (b) on the ground that the Defendant responded to the answer, the Defendant damaged the Defendant to have KRW 7,500 of the repair cost at several times, one which is a thing used by a public office established in the said place.

B. On August 29, 2012, around 22:53, the Defendant: (a) was confined in one room of the detention room of the Seodaemun Police Station; (b) on the ground that he/she responded to the answer, and (c) damaged the Defendant by putting up one changeer, which is a thing used by a public office established in the said place, in his/her hand, to KRW 10,000 for replacement costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E, G, and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to each investigation report (the type and market price of the damaged goods, hearing of witnesses, confirmation of details of hearing and repair of witnesses, time of crimes, etc.);

1. Article 260 (1) and Article 141 (1) of the Criminal Act and the choice of punishment for the crime, Articles 260 (1) and 141 (1) of the Criminal Act

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

1. Suspension of execution: (a) it reflects a mistake in depth through confinement life under Article 62(1) of the Criminal Act; and (b) it was committed under a somewhat unstable mental state.

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