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(영문) 수원지방법원 안양지원 2019.02.13 2018고단2020
특수공용물건손상등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 10, 2018, the Defendant: (a) around 00:57, the Defendant: (b) operated a Dap car 52 Doo-ro 212 at the office building within the Gyeyang-gu Office of the 52 Suwon District Prosecutors’ Office, which was in charge of the security of the office building; (c) entered the office building into the office building against C’s will, a security manager, by driving the BDap car Doo-ro 212 Doo-ro 52; and (d) at the entrance of the office building, the Defendant damaged the blocking machine, which is an object used by public offices, such as fasting

As a result, the defendant driving a car, which is a dangerous object, and intrudes into the Suwon District Prosecutors' Office, and damages the goods used by public offices so that approximately KRW 550,000 won of the repair cost of the blocking machine.

2. On September 10, 2018, the Defendant damaged goods for public use, on the grounds that the Defendant did not respond to the civil petitioner’s response at the inner branch of the Suwon District Court 70 Suwon-ro 212-gil, which is an object used by public offices, such as pressing a vehicle blocking machine in the entrance and exit of a civil petitioner parking lot, in hand, and saving it by a method of cutting it, etc., on the grounds that the Defendant did not respond to the civil petitioner’s response.

Accordingly, the Defendant damaged the goods used by public offices for approximately 660,000 won of repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A statement and a victim photograph, and an explanatory note of the Ansan Court;

1. Photographs and CCTV;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attachment, etc. of video materials damaged to the blocking devices of prosecutor's offices);

1. Article 144 (1), Article 141 (1) (a) of the Criminal Act for the crime in question, Article 141 (1), Article 320, Article 319 (1) (a) and Article 141 (1) of the same Act for the purpose of committing a crime;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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