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(영문) 서울중앙지방법원 2018.05.25 2017고단8287
공용물건손상
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who was sentenced to a suspended sentence of three months on August 24, 2017 by the Seoul Central District Court for obstructing the performance of official duties, and the sentence becomes final and conclusive on September 1, 2017, and is currently under suspended sentence.

2. On October 20, 2017, at around 23:50 on October 20, 2017, the Defendant: (a) received a warning slip from a police officer who works in the above distribution box after having served a warning box of light crime as drinking disturbance at the police box located in Jongno-ro, Jongno-gu, Seoul Metropolitan Government; (b) received instructions for returning home from the police officer who served in the above distribution box; (c) then, the Defendant destroyed a alkinium for the disabled who was installed in front of the police box in front of the police box of the Tri administration, while avoiding a disturbance

Accordingly, the defendant damaged the disabled gate, which is a case of public goods, so that the repair cost equivalent to the total amount of 70,000 won of the market price can be borne by the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (Submission of a certificate of acceptance), confirmation of acceptance, quotation, investigation report (report accompanied by a photograph of aluminium for the disabled who is damaged); and photographs;

1. Records of the judgment: Application of the inquiry letter, such as criminal history (A), investigation report (the same type of suspect and the facts of probation period), and the text of the judgment;

1. Article 141(1) of the Criminal Act and Article 141 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was sentenced to a suspended sentence of imprisonment for three months due to a crime of interference with the execution of official duties, and there is an unfavorable circumstance such as the crime of the same kind during the suspended sentence.

However, there are extenuating circumstances, such as the fact that the Defendant appears to be against the Defendant’s recognition of the instant crime, and the fact that the disabled pension, which is a public figure destroyed by the Defendant, has been repaired and restored to the original state.

Such circumstances as the defendant's age, sex, surrounding environment, motive, means and consequence of the crime, and the circumstances after the crime.

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