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(영문) 의정부지방법원 2015.05.01 2015고단831
재물손괴
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a private taxi.

On January 26, 2015, the Defendant: (a) purchased through the Internet, sent a bus bus route and advertising glass board installed in the bus stops at the bus stops.

On February 1, 2015, at around 01:30, the Defendant damaged the 쇠s (6.35mm) at the entrance stop at the Hanmam 102-5, which was located in Yangju-si, in front of the entrance stop at the Hanmam 102-5, the Defendant damaged the 쇠s (6.35m) by rocketing the bus route and advertising glass board of the amount of KRW 302,456 at the market price owned by Yangju-si.

In addition, from around that time to March 12, 2015, the Defendant damaged property by destroying the glass plates in the same way 53 times throughout the total of 53 times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. A written statement of F and G;

1. Police seizure records;

1. Investigation report (additional confirmation of damaged place and attachment of photographs);

1. Application of the Acts and subordinate statutes to the current status of damage to the bus platform (Evidence No. 3), damage photographs (Evidence No. 4), the current status of damage to the bus stops at the time of the Government (Evidence No. 27), the damaged sight chart (Evidence No. 30), a written statement, photographs, etc. (Evidence No. 33);

1. Article 366 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under the proviso to Article 62-2 (1) and (2) of the Criminal Act;

1. The reason for sentencing the sentencing of Article 48(1)1 of the Confiscation Criminal Act is that a person waiting for a bus has committed an act of shoting a gun over several times, and considering the risk and repetition of the act, it is necessary to strictly punish the defendant in light of the risk and repetition of the act.

However, the defendant has agreed to reimburse the amount of damage to the local government that manages it, and the defendant has only twice the traffic-related fine.

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