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(영문) 대구지방법원 김천지원 2017.11.21 2017고단1303
공용물건손상등
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On August 30, 2017, the Defendants violated the Punishment of Violences, etc. Act (refluence of joint eviction) at the “E main store” operated by the victim D (n, 34 years of age) in the Gu, Si, Si, Gu, Si, si (hereinafter referred to as the “E main store”), where business hours have been terminated from the injured party during the time due to the problem of the drinking value with the injured party, and thus, the Defendants shoulder the alcohol disease even after receiving a request for a different request.

In doing a bath due to “,” etc., the police box of the police station of the old-gu Seoul Special Police Station was not removed from the above drinking house until he is arrested as a current offender from G, etc. belonging to the police box of the police station of the old-gu Special Police Station.

Accordingly, the Defendants did not comply with the demand to leave the building managed by the injured party.

2. Defendant A, who damaged public goods, was arrested as a current criminal for committing the crimes listed in paragraph 1, and was transferred to a Fmpout course located in Gumi-si Ha on August 30, 2017 at around 05:00, and took a bath to the police officer assigned to the above police box, etc. at a large amount of 1,00 square meters, and the Defendant A broken the above short circuit circuit circuit circuit circuit blocking devices installed within the above police box so that the amount equivalent to KRW 217,611 can be turned out to the police officer assigned to the above police box.

Accordingly, the Defendant damaged the leakage circuit circuit used by the above police box, which is a public official assistant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Receipts, business registration certificates, and estimates;

1. Application of field photographs, damaged photographs, and CD-related Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(2) and Article 319(1) of the Criminal Act (joint refusal to leave), Article 141(1) of the Criminal Act, and each choice of imprisonment with prison labor

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(2) and (1) of the Criminal Act, the selection of fines, and the selection of fines

1. A aggravated Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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