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(영문) 대구지방법원의성지원 2020.10.22 2020고단235

공용물건손상등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Interference with business;

A. On March 6, 2020, from around 22:40 to 23:00, the Defendant interfered with the victim’s convenience store business by force for about 20 minutes, such as that the victim C was able to take a bath, such as “sprinke, dead, sprinke, sprinke, etc.,” and sprinked the victim and customers at the D convenience store operated by the victim C, which is located in the Ganbuk-gun, Ganbuk-gun,

B. On March 26, 2020, from around 21:55 to 22:35, the Defendant, at G restaurant operated by the victim F, of the victim F in the Gyeongbuk-gun E, expressed the intent of “fluoring bits of bits of bits” to customers seated on other tables, and obstructed the victim’s restaurant business by force for about 40 minutes, such as spiting spits on the floor of the restaurant.

2. The defendant who damaged goods for public use on March 6, 2020: on March 6, 2020

1.(a)

Before the D convenience point stated in the port, the police officer reported 112 on the road, and damaged the plucker's left side of the H patrol vehicle, which is a public object parked by the police officer, in his hand, so that the amount equivalent to KRW 11,100 is KRW 11,100.

Summary of Evidence

1. The application of the defendant's legal statement C, each police statement of the F to the defendant, and the Acts and subordinate statutes governing the car inspection and maintenance statement;

1. Relevant Article 141(1) of the Criminal Act (a point of view for damage to public goods), Article 314(1) of the Criminal Act (a point of view for obstruction of business), and choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, environment, character and conduct, motive for committing the crime, means and consequence of the crime, etc., shall be determined by comprehensively taking account of the factors of sentencing as ordered after the crime is committed.

The favorable circumstances: The defendant recognized his mistake and divided, and the degree of damage is relatively minor, and both parties to the crime of interference with business in the judgment have agreed with the victims of the crime of damage to public goods in the judgment.