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(영문) 서울서부지방법원 2014.08.28 2014고단1720
공용물건손상
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2014, at around 02:10 on June 27, 2014, the Defendant: (a) demanded the security guards belonging to the police box in Eunpyeong-gu Seoul, to issue a confirmation letter of facts on the day on which the taxi driver was punished for trial expenses, and (b) demanded the police officer to return home, and (c) destroyed an automatic exit control device of the entrance door through which the market price cannot be identified, such as “the police officer would drink and drink.”

Accordingly, the Defendant destroyed the goods used by public offices, thereby impairing their utility.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A damaged photograph;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to video materials in a police box;

1. Article 141 (1) of the Criminal Act applicable to the crimes and Article 141 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances that are considered as the reason for sentencing) where the value of the goods that have been invalidated or destroyed is insignificant (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009) (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009).

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