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(영문) 서울중앙지방법원 2020.02.17 2019고단8279
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 25, 2019, the Defendant: (a) around 23:51 on August 25, 2019, at D parking lots managed by the victim C in Dongjak-gu Seoul Metropolitan Government, the Defendant: (b) was under the influence of alcohol, thereby impairing its utility by a vehicle blocking machine installed at the entrance of the parking lot, without any particular reason, by a hand-time hand-off and a hand-off by a hand-off.

Accordingly, the defendant damaged the property in the market price managed by the victim C.

2. Damage to public goods;

A. On August 26, 2019, around 02:50 on August 26, 2019, the Defendant: (a) arrested a flagrant offender for the same reason as indicated in paragraph (1) around 02:50 on August 26, 2019; and (b) was transferred to a criminal charge of the Seoul Dongjak Police Station located in Dongjak-gu Seoul Metropolitan Nowon-gu and an investigative atmosphere; and (c) was in possession, by setting fire at the lower corner of the “written notice on the payment of travel expenses for reference witnesses” attached to the wall of the Defendant, thereby impairing its utility.

As a result, the Defendant damaged the “written notice on payment of travel expenses for persons for reference” equivalent to KRW 33,00,000, which is goods used by public offices.

B. On August 26, 2019, around 03:20 on August 26, 2019, the Defendant, at around 03:20 on August 26, 2019, was under custody in the criminal charge and the air room of the Seoul Dongjak Police Station at around 03:20 on August 26, 2019, removed a cushion for the prevention of danger and injury established on the wall’s mother at hand

Accordingly, the defendant damaged the market price of goods used by public offices to prevent damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. On-site photographs inside the police station;

1. Investigation reports (verification of CCTVs in parking lots) and investigation reports (verification of CCTVs in police stations);

1. CCTV image data;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 141(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 146 of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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