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(영문) 인천지방법원 2016.01.13 2015고단7170
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 14, 2015, at around 23:20 on September 14, 2015, the Defendant damaged special property: “D” operated by the Victim C, the Defendant, the Defendant’s father located in the Southern-gu Incheon Metropolitan City, where the victim and the victim’s female-friendly job offers E, and the dispute between the victim and the victim, is brought about by E.

The fact that E is called “the victim’s denial” was the victim’s denial, and the victim’s market price, which was displayed inside and outside the victim’s 500,000 won, destroyed the glass equivalent to 5 million won.

2. On September 15, 2015, at around 00:55, the Defendant damaged the goods used by a public office, such as: (a) the Defendant was arrested at the 2 patrol box located in the Southern-gu Incheon Metropolitan City Port, and was investigated as a current offender for the damage of the goods, and intended to move the goods to the police station; and (b) the Defendant requested the police officer to cut off the lock to interview with the said C; and (c) the Defendant: (a) the Defendant: (a) damaged the goods used by the public office, such as: (b) the Defendant was able to use at one time to set off the lock so that the lock can be cut off.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles 369(1) and 366 of the Criminal Act concerning the facts constituting an offense, Article 141(1) of the Criminal Act (a point of damage to goods for public use) of the same Act, and the choice of imprisonment, respectively;

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there exists no record of punishment of imprisonment without prison labor or heavier for the last ten years, the fact that there is an agreement with the victim C - The fact that there is an unfavorable circumstance: the previous one, and the nature of the crime of this case

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