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(영문) 대구지방법원 2017.08.10 2017고단2746
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 27, 2017, the Defendant damaged public goods, on the ground that, around 23:53 on April 27, 2017, around 23:53, the Daegu Dong-dong Police Station located in Daegu-gu, Daegu-gu, Daegu-gu, 85-ro 53, the Defendant controlled the operation of Obane, which was not covered by mandatory insurance, before the Daegu-dong Police Station dong-gu, Daegu-gu, Seoul-gu, Seoul-gu, on the ground that the Defendant’s lux ( approximately 10cm x 25cm)

Accordingly, the Defendant damaged the entrance entrance of public offices to the extent of KRW 600,000.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, on April 27, 2017, the Defendant operated a two-wheeled automobile (125C) with no number plate that was not covered by mandatory insurance at approximately 2 km from the road in front of the Daegu Suwon-dong vocational school, Daegu-dong, Daegu-gu, via the “Feng-dong,” located in the Hansung-dong. In other words, the Defendant again operated a two-wheeled automobile (125c) with no number plate that was not covered by mandatory insurance at approximately 2 km from the road in front of the Gyeong-dong vocational school.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement prepared in C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 141(1) of the Criminal Act (referring to damage to goods for public use) of the choice of punishment, Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act, and choice of imprisonment for each type of crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act of confiscation: The nature of the crime is not somewhat weak in light of the motive and circumstance of the crime of damage to the public goods of this case, the risk thereof, etc.

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