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(영문) 창원지방법원 마산지원 2017.04.18 2017고정123
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, based on the case of the so-called D NIS, was the standing president of the organization called “E” organized around October 2016 for the presidential withdrawal campaign. The Defendant’s installation of a large-scale photographer (size: 240cm wide, length 180cm wide, length 180cm large, hereinafter “the instant photograph”) inside the G Memorial located in the Chang-si, Masan National Assembly in the course of its activities does not comply with the purpose of establishing the Memorial.

I think of this, around December 14, 2016, the press conference was held to require removal in front of the above memorial hall.

Accordingly, at around 11:00 on the same day, the Defendant took a dog in front of the above memorial hall, and prepared to use the instant pictures in order to make a scamtain in the form of scamtainment from the next source of paragraph (1), and carried them in Australia in accordance with the said plan. In accordance with the said plan, around 11:12 on the same day, the Defendant intruded inside the memorial hall through the door of G memorial hall, and went into the front of the instant pictures, which were faced with a corridor wall at the entrance of the children’s experience center, after explaining the need for removal, etc. to the reporters, etc., who were in line with the said plan, and up to 1:12 on the day from the day of Amamann.

The pictures of this case were put on the pictures of this case, and subsequent to the Republic of Korea

By rootsing this case’s photograph, this case’s photograph was invaded into G Memorial, which is a structure, and was used in the above memorial hall, and the utility of this case’s photograph was impaired.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to I by the police;

1. Application of each statute on photographs;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (1) (a point of intrusion on a structure), Article 141 of the Criminal Act (a point of damage to a structure for public use), and the selection of a fine, respectively, for the crime;

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

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion.

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