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(영문) 서울남부지방법원 2014.11.20 2014고단3530
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On August 28, 2014, at around 11:00, the Defendant stopped a vehicle owned by C in the front of the C Office located in Yeongdeungpo-gu Seoul Metropolitan Government, and loaded the vehicle for delivery to the vehicle, and was controlled by Seoul Metropolitan Government Traffic Guidance and Parking Control Board D as a violation of parking regulations.

The defendant, at the top of the E-car car operation for parking control, inputs the control fact into a computer into a key sign for vehicle control, putting the hand on the front window, cut the said keyboard, cut off the knee in front of the knee of the knee, assaulted the knee of D, and broken the knee.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the parking control of public officials, and at the same time damaged the above key, which is a public object used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Investigation report by the prosecution (report on hearing statements of reference witnesses);

1. Application of the Acts and subordinate statutes to photographs of damaged articles;

1. Articles 141(1) and 136(1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 (Punishmenting Punishment Based on the Crimes of Damaging Public Articles heavier Than that of punishment, but choose to imprisonment);

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the confession of a crime and the misunderstanding is divided, the initial crime is the first crime, and all other circumstances such as motive, circumstance, etc.).

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