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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On January 3, 2015, the Defendant: (a) around 01:50 on January 3, 2015, the Defendant: (b) was passing ahead of the “C restaurant” located in the Busan East-gu, Busan-gu, the Defendant destroyed the said restaurant operator’s owner D, which was parked in the said restaurant, so that the repair cost of KRW 2,682,00,000, 125c diacos owned by the said owner of the restaurant operator, may be damaged by cutting off the vehicle without any justifiable reason; and (c) the victim continued to flee by putting the Defendant, leaving the entrance of the said restaurant, leaving the entrance of the entrance of the victim to take the entrance of KRW 160,000 on several occasions; and (d) damaged the entrance of the said restaurant by 400,000 at the market price owned by the victim, which was continuously displayed at the entrance of the said restaurant.
2. 업무방해 피고인은 같은 일시 장소에서 위와 같이 재물을 손괴하고 소란을 피우며 식당에서 음식을 먹고 있던 남자손님 4명에게 "야 개새끼들아, 니는 뭐꼬, 죽고 싶나!" 라고 욕을 하며 약 10여분 가량 행패를 부려 위력으로 피해자의 음식점 영업을 업무를 방해하였다.
3. At around 03:50 on the same day, the Defendant: (a) was arrested at the F District District of the Eastern Police Station located in Busan Dongdong-gu, Busan and was under investigation due to the charge of causing property damage, etc. under paragraph (1) and was under investigation; and (b) sent the police officer’s legitimate performance of official duties in relation to the investigation of the suspect, by bringing him/her to G in the circumstances where he/she belongs to the said Dongdong-gu, “I am, spacker police officers, and internal organs, and sprinked him/her.”
Summary of Evidence
1. Statement by the defendant in court;
1. Each police officer's statement about D and G;
1. Application of Acts and subordinate statutes to photographs and estimates on damage;
1. Relevant Articles 136(1), 366, and 314(1) of the Criminal Act; the 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. Suspension of execution: The same kind of crime or suspension of execution under Article 62 (1) of the Criminal Act;