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(영문) 의정부지방법원 2015.12.18 2015고단2123
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 24, 2015, at around 21:10, the Defendant: (a) thought that the victim E was living in front of the D resting area located in Scheon-si, Macheon-si; (b) thought that the victim E was living in the vicinity of the D Rest; (c) set the string door of FSP car owned by the victim and the string door of the FSP car, which was owned by the victim, on a hand, set up the string door, and broken the window and the window.

Accordingly, the defendant damaged the car, which is the property of another person, to be equivalent to KRW 1,708,573 of the repair cost.

2. On May 24, 2015, at around 21:30 on May 24, 2015, the Defendant damaged public goods, on the ground that he was subject to the aforementioned act of destroying and damaging property to the police box belonging to the Y of the Macheon Police Station G police station, which was dispatched to the site after receiving a report of the act as described in paragraph (1) of the Defendant’s act, and subsequently, the Defendant carried the main set of the said vehicle by taking a hand-time check, which is the patrolr of the said police box, going on the I Abdon

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, to be equivalent to KRW 275,00 in repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. E statements;

1. A photograph of each damage;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, Article 141 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of being punished several times for the same kind of crime, and it is inevitable to choose imprisonment.

However, a suspended sentence is to be imposed on the following grounds: (a) the Defendant led to the instant crime; (b) the degree of damage is relatively heavy; (c) the victim E does not want the punishment of the Defendant; and (d) the victim E appears not to have good mental health.

The age, character and conduct of the accused, and others.

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