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(영문) 부산지방법원 2016.02.24 2015고단7184
공용물건손상등
Text

A defendant shall be punished by imprisonment for six 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. On October 1, 2015, the Defendant: (a) around 02:50 on October 1, 2015, at the “C cafeteria” located in Busan Northern-gu B; (b) tried to exempt the victim D, who was eating food on the side table, from the 110,000 won of the market price, which is the victim D, who was in possession of food on the side table; and (c) the victim, who was off his/her breath, exceeded his/her breath, did so by putting him

2. At the time of the day specified in the above paragraph 1.3, the Defendant’s interference with the business is in the above “C cafeteria” where the victim E works as an employee, and the customer in the shop is inside the house “h. D. Ga, Ga. Ga. Ga, C. Ga. Ga. Ga. Ga. Ga. Ga. Ga.

The 500,000 won was the face of the victim's 50,000 won, and the scam was made by taking a bath at a large sound, and thus, the scam was prevented by force from running the restaurant business of the victim by avoiding the disturbance over a volume of about one hour.

3. On October 1, 2015, around 03:55, the Defendant: (a) was arrested by a flagrant offender from the head G of the police station located in the Busan Northern Police Station, and went to the earth while he was arrested by a flagrant offender at the seat of the police station G located in the Busan Northern Police Station; (b) was blurged by the head of the patrol vehicle (H); and (c) the Defendant was able to remove the body with open windows from the front line to the front line of the driver’s seat.

Accordingly, the defendant damaged the above patrol vehicle by destroying it to be equivalent to 222,158 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Each statement of D and I;

1. Photographs;

1. Application of Acts and subordinate statutes to a written estimate for an investigation report;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 141 (1) of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment with prison labor;

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 suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act has been punished several times by the defendant for the same criminal records.

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