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(영문) 인천지방법원 2018.03.30 2018고정45
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 21, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Incheon District Court on December 21, 2017, and the judgment was finalized on December 29, 2017.

1. On May 27, 2017, around 16:00, the Defendant: (a) collected a stone of the size of food drinking for adults, who were dissatisfied with the Defendant and related parties, for the reason that the Defendant and related parties did not contact with the victim, at the front parking lot of 101, Nam-gu Incheon, Incheon, Nam-gu, Incheon, for the reason that the Defendant and related parties did not contact; (b) collected a stone of the size of food drinking for adults, who were in dispute with the victim, and broken down the above stone at the front glass window for the CM3 passenger car of the victimized party.

Accordingly, the defendant carried dangerous articles and damaged the victim's property amounting to KRW 150,000.

2. On May 27, 2017, around 16:47, the Defendant: (a) requested a police officer to voluntarily refrain from smoking while waiting in the said district as the case described in paragraph (1) at the 340 literature district of the Nam-gu Incheon, Nam-gu, Incheon; and (b) requested a police officer to voluntarily refrain from smoking while waiting in the said district; (c) the Defendant received the said district glass from his head.

Accordingly, the Defendant damaged the repair cost of KRW 219,00,00 used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Each report on internal investigation:

1. A report of investigation (a statement by victim B telephone);

1. Written estimate;

1. Previous convictions: Application of Acts and subordinate statutes concerning case search and judgment;

1. Article 369 (1) and Article 366 of the Criminal Act concerning the facts constituting the crime (a point of special property damage) and Article 141 (1) of the Criminal Act (a point of public property damage);

1. Selection of each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in the crime of injury to heavy public goods);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the same as the victim of the crime of damaging the special property of this case.

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