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(영문) 수원지방법원 여주지원 2016.08.12 2016고단566
공용물건손상등
Text

A defendant shall be punished by imprisonment for one year.

A seized grandchild (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. On June 2, 2016, the Defendant damaged public goods: (a) around 12:00, the Defendant purchased the 9th floor welfare policy of YY and the basic cost of daily life, which had been previously received from the hallway-ro 40, 2016, on the ground that the e-mail viewing welfare policy and C gave a friendly speech to himself/herself on the ground that the e-mail viewing welfare policy and C purchased the e-mail from a nearby steel store, and damaged the glass window equivalent to KRW 120,000,000, market price by shouldering three glass of the viewing welfare policy and entrance.

Accordingly, the Defendant damaged public goods used by public offices.

2. The Defendant of special intimidation, at the time and place specified in paragraph 1, refers to the victim who is a public official, and the victim D, E, and F, who is a public official, knife that is a dangerous object for the multi-party household, and the victim’s knife that “ins the nearest damaged knif

"To this end, it threatened the victim as if it would inflict harm on the victim."

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Seizure records;

1. Photographss of criminal tools, on-site photographs, and screen pictures taken by taking a photograph;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Article 141(1) (a) of the Criminal Act (a point of damage to goods for public use), Articles 284 and 283(1) (a) (a point of special intimidation) of the Criminal Act, the choice of imprisonment for a 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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [damage to Public Goods] [Scope of Recommendation] [Article 48(1)1 of the Confiscation Criminal Act / [Article 48(1)1 of the Act / [Article 48(1)1 of the Confiscation Criminal Act / [Article 48(1) of the Confiscation Criminal Act / [Article 1 to 4 years] where the power of an organization or multiple groups or carries dangerous things [special intimidation] / Where the degree of intimidation is minor (Article 4-1 of the Confiscation Punishment Act / [Article 1, 4, and 5] [Article 1 to 4 years] of the mitigation area (Article 1 to 4 years of habitual, repeated, special intimidation] of the mitigation area (Article 48(1) of the Confiscation Punishment Act / [Article 48(1) of the Confiscation Punishment Act ]

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