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(영문) 대구지방법원 2016.06.16 2016고단734
공용물건손상
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to the suspension of the execution of his/her duties for six months at the Daegu District Court on October 6, 2015, which became final and conclusive on October 14, 2015, and is currently under suspension of execution.

[2] On December 27, 2015, the Defendant: (a) tried to solve the problem of trial expenses by drinking in front of the new 3 Dong-dong Center located in Daegu-gu, Daegu-gu, Daegu-gu, in front of the Public Security Center; (b) however, the Defendant kept one telephone unit for which the market price, which is a public object attached to the above Public Security Center, is unknown while being aware of the absence of police officers; and (c) broken up.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Article 141 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant committed the crime of this case during the suspension period of execution due to interference with the performance of official duties. However, although the crime of this case is not less specific, the crime of this case is committed in the Public Security Center by taking into account the various factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex behavior, intelligence and environment, motive, means and result of the crime, and circumstances after the crime, in light of the fact that there is no police officer, and thus, it does not reach the situation where the execution of police officer's official duties is obstructed due to the crime of this case.

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