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(영문) 전주지방법원 2015.07.02 2014고단2145
공용물건손상
Text

A defendant shall be punished by imprisonment for one year.

One (No. 1) seized net value shall be confiscated.

Reasons

Punishment of the crime

On April 16, 2014, the Defendant was sentenced to imprisonment with labor for one year and a fine of 300,000 won due to damage to public goods in the Jeonju District Court's military support, and the Prosecutor appealed against the above judgment and was currently pending in the appellate trial trial, and was released on November 16, 2014, when the detention period has expired.

1. At around 16:40 on November 18, 2014, the Defendant: (a) at the 1st entrance of the 1st floor of the Jeonjunsan Police Station located in 66, Jeonju-gu, Jeonsan-gu, Jeonju-si, Jeonju-si, Jeonju-si, the Defendant broken down the entrance of the said police station, which was 30,000,000 won in the market value, by making it clear that the public and criminal disputes in progress between the public prosecution and other D, and the complaints in the above trials, “b. B. B. is sent to the correctional institution,” and having been prepared in advance (35 cm in total length, 13 cm in the head, 13 cm).

2. On November 19, 2014, the Defendant: (a) 11:52, at the 1st floor of the pertinent police station, sent the entrance of the said police station, which was prepared in advance, to the extent that the market price is equivalent to KRW 300,000,00,000, at the 10th floor of the said police station; and (b) 38cc in total length, head part 12cc-proof 1).

Accordingly, the Defendant damaged the property used by public offices over twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police to Q Q;

1. Each report on investigation (in relation to seizure which has not been defilled);

1. Records of seizure, the list of seizure, and evidence of seizure;

1. Court rulings;

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 141 (1) of the Criminal Act selecting a penalty;

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 48(1) of the Criminal Act

1. Although the gist of the assertion is recognized that the defendant shouldered the entrance of the police station, the defendant's act does not constitute a justifiable act under Article 20 of the Criminal Act.

2. The decision is based on the social norms stipulated in Article 20 of the Criminal Code.

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