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(영문) 부산지방법원 2020.01.10 2019고합558
공용물건손상등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 30, 2019, the Defendant damaged public goods, while under the influence of alcohol at around 02:15, the Defendant: (a) went on the street in front of “CMat” located in “CMat” located in Busan Jin-gu, Busan; and (b) tried to set the relevant banner by hand on October 16, 201, on the ground that the market price of KRW 66,00,00, which was set up in the Busan Jin-gu Police Station around October 16, 2019, was set up in the “Special Control Zone for Living Crimes against the Disabled, etc.” and (c) attempted to set the relevant banner by hand on the ground that the phrase is not in mind.

Accordingly, the defendant damaged the above banner used by Busan Police Station, which is a public office.

2. On October 30, 2019, the Defendant, as stated in the foregoing paragraph (1), destroyed the above banner at the time, place, and exceeded it, and returned back to the said place on October 30, 2019, he returned to the said place, and caused a fire to be emulated on the above banner away from the floor.

Accordingly, the defendant destroyed a general object and caused public danger.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Each investigation report (including investigation into the situation of on-site calls, and telephone conversations of witness E);

1. Application of the Acts and subordinate statutes to photographs of a banner destroyed by fire, a log photograph, or a CCTV image-cape;

1. Relevant Article 167(1) of the Criminal Act (the point of preventing general goods) and Article 141(1) of the Criminal Act (the point of damaging public goods and the choice of imprisonment with prison labor) to criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the crime of arsoning general goods heavier than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing)

1. The defendant's summary of the argument.

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