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(영문) 대구지방법원 2020.05.14 2019고단6748
공용물건손상등
Text

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

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

Reasons

Punishment of the crime

On January 22, 2014, the Defendant was diagnosed with brain divershosis. At the time of the instant case, the Defendant committed the following crimes with low capacity to discern things or make decisions.

1. Around 02:55 on November 15, 2019, the Defendant damaged the studio 20,000 won of the market price inside the vehicle by getting up on the top of the Ma business car owned by the victim D, who was parked in the street B and C in front of Busan City, by drinking the front glass of the vehicle, and then cutting down the studio studio in an amount equivalent to 20,000 won.

Accordingly, the defendant damaged the victim's property.

2. On November 15, 2019, at around 03:07, the Defendant was arrested as a flagrant offender for the crime of causing property damage as stipulated in paragraph (1) of this Article, and then was transferred to the criminal team office of the Gyeongsan Police Station by the police officers affiliated with the F police box of the Gyeongsan Police Station at around 04:20 on the same day. In order for the police officers affiliated with the above police box to hand over the Defendant to the criminal team of the Gyeongsan Police Station, the police officers opened the criminal team office and opened the fire extinguishers office of G to take over the Defendant to the criminal team of the Gyeongsan Police Station. On their own initiative, the police officers, who affiliated with the above police box, opened the criminal team office of G to take over the fire extinguishing equipments on the side of G over the floor.

As a result, the defendant interfered with the legitimate execution of the police officer's arrest of flagrant offenders.

3. On November 15, 2019, at around 07:45, the Defendant damaged public goods: (a) was confined to 68 Sinsan-si, and 2 Sinsan-si detention rooms at the Sinsan-si Police Station; (b) requested the security guards belonging to the above police station to open a door to H; (c) but did not enter the door, but (d) caused the Defendant to walk the detention room to walk, thereby damaging the repair cost of KRW 308,000.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Photographs attached to the investigation report (as to attachment of photographs No. 2 of the disabled only in the damaged detention room);

1. Written estimate of inquiries into the detention room where a report on investigation is damaged; and

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