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(영문) 울산지방법원 2016.04.28 2016고단55

공용물건손상등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. At around December 9, 2015, the Defendants committed the joint crime of the Defendants: (a) around 01:35, the victim F in Yangsan-si, in the singing room operated by the victim F, with a great sound and a desire to fight while talking on the house; and (b) during the process of fighting, the Defendants prevented customers from entering the said sing room by 30-minutes by putting the disturbance on the table, singing the beer’s disease and the instant World Cup into the floor.

As a result, the Defendants conspired to interfere with the singing business of the victimized person by force.

2. Defendant A’s crime;

A. Around December 9, 2015, the Defendant interfered with the performance of official duties at the above location, and received F’s 112 report from a slope I belonging to the Yangsan Police Station, who was dispatched to the site after being asked questions about the circumstances of the instant case, and assaulted in a manner that threatens a police officer’s legitimate performance of duties in relation to the measures for a report of the matters reported by the police officer by using the glass World Cup as if he was on the table.

B. Around December 9, 2015, the Defendant damaged the public goods by interfering with a singing room business, obstructing the performance of official duties, and being arrested and taken custody as a current offender as prescribed in paragraphs 1 and 2(a) at the H box located at Yangsan-siJ on December 9, 2015, thereby impairing the Defendant’s wall of the police box located at the front of the conversation with the Defendant who was arrested as the current offender at several times, and making him go against the wall, thereby making it difficult for him to repair.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. A written statement I and K;

1. A report on internal investigation (at the time of dispatch to the scene and arrest), investigation report (at the time of dispatch to the scene and accompanying images of objects for public use);

1. Application of photographs of damaged scene and Acts and subordinate statutes;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 314(1) and 30 of the Criminal Act: Defendants A: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141-1 of the Criminal Act (the point of impairing public goods)

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act of Defendant A and Article 38(1)2.