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(영문) 서울남부지방법원 2016.09.23 2016고단3406
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 5, 2016, from around 06:00 to 07:00, the Defendant: (a) at the convenience store located in Gangseo-gu Seoul Metropolitan Government, the Defendant: (b) at the convenience store located in Gangseo-gu, Gangseo-gu, Seoul; (c) at the convenience store, the Defendant Dozed the victim D, who is part of the convenience store, with a view to attracting a specific candidate when an annual presidential election is held inside the convenience store; (d) took a bath outside the convenience store to a large amount; and (e) took a bath outside the convenience store; and (e) subsequently, the victim E, who is a part of the victim, was fright, frightd with the customers who want to enter the convenience store for about one hour, such as taking the convenience store as “nick”, and taking the victim D, who was a part of the convenience store.

As such, the Defendant interfered with the victim’s convenience store management by force.

2. On June 5, 2016, at around 08:20, the Defendant: (a) 59 p.m. airport in Gangseo-gu Seoul, Gangseo-gu, Seoul, Police Station Salet, which was arrested as a flagrant offender for committing a crime referred to in paragraph (1) and was seated in the waiting room; (b) the Defendant expressed his/her desire to “absing the same sp. to sp. to sp. to sp. sp. to sp. to sp. to sp.; and (c) carried the original sp. to sp.s. to sp. to sp. to sp.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A criminal investigation report (a CCTV investigation installed inside a convenience store), a criminal investigation report (a case of the confirmation of CCTV images installed inside the discharge of a strike), a criminal investigation report (a case of victim's statement), and a criminal investigation report (to hear victim's statement D);

1. Application of business obstruction photographs, each video CD, and photographic Acts and subordinate statutes;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order of community service;

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