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(영문) 부산지방법원 2019.05.22 2019고단1092
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 11, 2019, the Defendant: (a) around 04:50 on March 11, 201, and around D convenience stores operated by the Victim C in Busan B, the Defendant: (b) placed a convenience store display stand; and (c) placed a show stand equivalent to KRW 100,000,000, the market price of the victim’s ownership, by breaking the convenience store stand.

Accordingly, the defendant damaged the victim's property.

2. In the same date and time, place as mentioned in the above Paragraph (1) above, and at the same time and place, the defendant reported 112 that he would be fighting and asked the defendant about the circumstances of the case by the victim G G G, a police officer belonging to the Busan National Police Station F District of the Busan National Police Station, who was called the defendant, and approximately seven customers of the above convenience store operators and customers, the victim was aware of the situation of the case. The victim "I cannot see that I would like to interfere with the performance of official duties, because I want to do so, because I would like to see I would like to see I would like to do so."

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. C’s statement;

1. A complaint;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the attitude of self-confising and reflecting, and considering favorable circumstances such as the agreement with the victim of the crime of damage);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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