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(영문) 서울동부지방법원 2016.04.07 2014고단1628
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 01:30 on May 21, 2014, the Defendant: (a) and the police officer called up after receiving a report that the Defendant did not pay taxi expenses; (b) and (c) took aboard the back seat of the B Abdodon Habnb, and voluntarily was traveling to the said district; (d) the said patrol vehicle was taking a bath without any justifiable reason on the front of Songpa-gu Seoul, Songpa-gu, and broken off the front door of the right side of the said patrol vehicle at the market value of KRW 120,000,000.

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

around 02:46 on November 24, 2014, the Defendant discovered a victim’s Gbenz car owned by the victim, which was parked in Seocho-gu Seoul, in front of the Eju shop located in Seocho-gu Seoul Metropolitan Government, and opened a 2-3-dimensional PC PC for the said car, which the Defendant possessed by the Defendant, affixed the 2-3-dimensional PC PC, and then set the cirs with 2-3 trokes.

As a result, the defendant damaged the victim's property to cover approximately KRW 2.4 million.

Summary of Evidence

"2014 Highest 1628"

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A criminal investigation report (a written estimate of damage);

1. Photographs of damage from police vehicles: 2015 high group 106 ";

1. A protocol concerning the examination of the police officers of the accused;

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

1. Application of photographic data (victimd vehicle), photographic data (E CCTV-capging photographs), photographic data (suspects and damaged stamping PC), and written estimates;

1. Relevant Article 141 of the Criminal Act, Articles 141 (1) and 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (limited to the extent that the long-term punishment of the above two crimes is aggregated) of the aggravated concurrent crimes;

1. The sentencing criteria [Scope of Recommendation] The scope of final sentence due to the aggravation of multiple offenses for which there is no basic area (from June to one year and six months) (the person who is subject to special sentencing) in the basic area (the invalidation of public goods) of Category 1 (the invalidation of public goods): 6 months to June 1.

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