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(영문) 광주지방법원 2014.05.27 2014고정371

공용물건손상미수등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 6, 2014, the Defendant: (a) around 18:10 on January 6, 2014, the damage of property and interference with the business of the Defendant: (b) had customers, who were at the same place, walked in the “D” restaurant operated by the victim C, with the noise without any special reasons while drinking in the same workplace E and drinking; (c) had the food, etc. on the floor, etc. on which the table was on the floor; and (d) caused them to go away from the disturbance by cutting down a wooden table bridge at the market price, which is the victim’s ownership.

Accordingly, the defendant damaged the victim's property and interfered with the victim's restaurant business by force.

2. On January 6, 2014, the Defendant attempted to damage public goods, at around 18:50, expressed his/her desire to the police officer H, etc. with a large sound that “to grow up by fash” inside the G police box located in the Nam-gu Seoul metropolitan area, and went on to the next floor by facsimile, which is a public object on his/her strings, thereby reducing the utility of the vehicle. However, the Defendant did not infringe on the utility of the G police box.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police officer in relation to H;

1. C’s statement;

1. Application of related Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) An attempted charge of damage to public goods: Articles 143 and 141(1) of the Criminal Act;

(b) A point of interference with business: Article 314 (1) of the Criminal Act;

(c) The point of causing property damage: Article 366 of the Criminal Act;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;