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(영문) 서울남부지방법원 2017.04.19 2016고단6304
재물손괴등
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. 재물 손괴 피고인은 2016. 11. 27. 20:20 경 서울 양천구 B 지하 1 층 ‘C 스탠드 바 ’에서 반주 마스터인 피해자 D이 노래를 더 부르려면 노래 비를 내야 한다는 말에 “ 씨 발, 좃 같네,

The victim D’s singing machines were damaged so that the repair costs would be lost by sing machines at one time at which the singing machines were sent, and the singing machines were broken off.

2. 업무 방해 피고인은 제 1 항 기재 일시, 장소에서 술에 취하여 “ 씨 발, 좃 같네,

In addition, the victim E’s singke business was interfered with about 15 minutes by exercising force, such as singinging down the chairs at the place of business, such as “I immediately sit,” and sing down the chairs at the place of business.

3. On November 27, 2016, the Defendant: (a) reported on November 27, 2016 that a customer satis at the said place; and (b) sent to the site after receiving a 112 report that the customer satisfed; (c) sent the site to G in the background leading up to the F District of the Yangcheon Police Station in Yangcheon-gu Police Station; (d) sent the G’s face once a week; and (e) sent the back one-time back to the H’s back depth in the region belonging to the said district.

As a result, the Defendant assaulted the above G and H, which is the police officer, and obstructed the police officer's legitimate execution of duties concerning the prevention of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing business operation) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for choice of punishment;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant's responsibility for sentencing under Article 62-2 of the Criminal Act is not less than imprecure, there is no record of criminal punishment other than fine, since it reflects the crime, and there is no record of criminal punishment other than fine.

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