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(영문) 부산지방법원 2017.03.23 2016고단8165
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 September 23, 2016, the Defendant: (a) around 22:55 on September 23, 2016, the Defendant: (b) took the influence of alcohol on the road front of the C main office located in Seo-gu Busan, and (c) taken the total amount of KRW 79,200,00,000, of the market price in a chemical group used and managed in the economic intelligence and green belt management system in Busan, Seo-gu for the purpose of purifying the urban environment.

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

2. The Defendant damaged property at the above date, time, and place, without any reason, that is under the influence of alcohol, and without any reason, destroyed the 230,000 won of repair cost by putting in hand all booms installed at the entrance of the “E” clothes operated by the victim D.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, G, H, and D;

1. Application of each written estimate, one copy of the handling of the reported case, five copies of the photographed field of damage, and five copies of the relevant statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 141(1) of the Criminal Act (a point of damage to goods for public use), Article 366 of the Criminal Act, and choice of imprisonment with prison labor, respectively;

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 each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The punishment shall be determined as ordered in consideration of the above circumstances and the defendant's age, sex, environment, etc., including the following: The poor quality of each of the crimes of this case is committed, the defendant has the same criminal records, and the majority of criminal records related to violence are committed: The defendant reflects the crime, the victims have paid damages and have agreed smoothly, and the defendant has no criminal records exceeding the fine.

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