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(영문) 광주지방법원 2018.05.03 2018고단481

공용물건손상등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 28, 2017, the Defendant: (a) around 13:45 on November 28, 2017, entered a restaurant operated by the victim C (V, 65 years old) in Gwangju-dong-gu, Gwangju-gu, and obstructed the victim’s restaurant business by force for about 10 minutes, such as “dacting” and “dacting the alcohol.” However, as the victim demanded to change at the restaurant, the victim took a bath to the restaurant, and thereby, she interfered with the victim’s restaurant business.

2. On November 28, 2017, the Defendant: (a) was arrested as a current offender by the police E, etc. belonging to the D District police forces, etc. of the D District, on the same ground as indicated in paragraph (1) around 14:07, and was dispatched, and was seated back to the back of the D District and used in the said D Zone without any justifiable reason, thereby impairing the effectiveness of the Defendant’s internal safety partitions of the said patrol vehicle by harming the goods used by the public offices as auxiliary to the said patrol vehicle by walking three times with the inside partitions of the said patrol vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A report on internal investigation:

1. Written estimate of repair costs of patrols and the application of relevant Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 141 (1) of the Criminal Act (the point of damage to goods for public use and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Category 1 Crimes (Interference with the Execution of Official Duties) No. 1 Crimes (Recommendation 1 for each Crime) [Scope of Recommendation] Disorders No. 1 Crimes (No. 6 months to 1 year and 6 months) in the basic area (no person subject to special sentencing) (2) Crimes No. 2 (Obstruction of Duties) in the mitigated area (the scope of recommended punishment) [1 months to 8 months] in the mitigated area (a person subject to special mitigation] [a person subject to special mitigation] in the mitigated area (a person subject to special mitigation]

(b) Application of standards for handling multiple crimes: From June to October 1;

2. The latest decision of sentence of sentence;