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(영문) 서울동부지방법원 2013.12.17 2013고정2699
공용물건손상교사등
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around May 16, 2013, the Defendant assaulted the victim by spreading to the victim the national water remaining after drinking, on the ground that the victim B (50 years of age) who was confined in the same room in the five-dong room in Seongdong-gu Seoul Songpa-gu, Seongdong-gu, Seoul, was considered the Defendant’s snow.

2. Around May 20, 2013, the Defendant: (a) laid a flag to the foregoing B at the foregoing place; and (b) stated to the effect that “it would be difficult to exchange the flag with the flag; (c) the Defendant, who caused damage to public goods, was flaging the foregoing B to have the food flag damaged by putting the flag into a toilet with the responsibility.”

Therefore, the above B has broken up two types of equipment equivalent to the market value of 5,720 won from the toilet.

Accordingly, the Defendant instigated to damage the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each police station, each prosecutor's office, each protocol of suspect interrogation, and each protocol of police statement concerning C and D to B;

1. Relevant provisions of the Criminal Act and Articles 141(1), 31(1), and 260(1) of the Criminal Act concerning criminal facts, the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that the degree of violence or the value of public goods damaged by the reason for sentencing is below the amount of punishment, but each crime in the detention house is committed without being familiar with the execution of punishment. The act of spreading the nation's remainder remaining after drinking to the victim, which is far earlier than the defendant, does not directly lead to a serious insult, and the act of spreading the victim's awareness to the victim is not very good enough, and all of the crimes are denied by the prosecution after the commencement of the investigation, and the crime was committed after the commencement of the investigation, which led to the confession of the crime and was led to the reduction of the fine.

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