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(영문) 의정부지방법원 2016.07.18 2016고단1787
공용물건손상등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 8, 2016, the Defendant who damaged property: (a) requested a substitute driver to calculate accommodation expenses from the DNA telecom operated by the victim C, which was operated by the victim C on March 8, 2016; (b) but (c) caused the refusal to do so, and (d) caused damage to the Defendant by leaving one of the radiophones on the floor, which is equivalent to KRW 583,00,00, at the market price of the victim’s possession on the calculation stand.

2. On March 8, 2016, at around 04:55, the Defendant: (a) received a 112 report at a place prescribed in paragraph (1) and investigated the details of the report; (b) the Defendant: (c) was parked next to the police box of the Macheon Police Station E commander of the Macheon-gu Police Station, stating, “The Defendant shall be a violent criminal defendant of this opening weather”; and (d) was parked next to the police box.

G Nana-a patrol vehicle's 405,271 won of the repair cost was damaged to the extent that the repair cost was damaged by means of several times of the patrol vehicle's safety partitions, etc., after purchasing one stop between the driver's seat of the patrol vehicle in G.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

3. In view of three persons, such as paragraph 2, at the time, at the place, paragraph 1 C, the Defendant publicly insultingd the victim F by referring to the victim F as “I Y, I am friend, I am friend, I am friend, I am friend.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. A damaged photograph;

1. Application of each written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (the point of damage to goods for public use), Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, 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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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