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(영문) 서울북부지방법원 2016.12.15 2016고단3939
공용물건손상등
Text

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.

(e).

Reasons

Punishment of the crime

1. On May 29, 2016, at around 23:50 on May 29, 2016, the Defendant: (a) entered a “Dcafeteria” operated by the victim C in Jung-gu Seoul Metropolitan Government; (b) was written on the head of the Gu, and the Defendant was able to avoid disturbance by 20 minutes, stating that “this rings, internal, inner, and inner, is to be returned to the victim’s delivery.”

Accordingly, the Defendant interfered with legitimate business of the victim's restaurant by force.

2. On May 30, 2016, the Defendant: (a) was arrested as a flagrant offender on the grounds of assault against I by the head of the police station G District of the Seoul Southern Police Station, who was called out after receiving 112 reports from F in front of the Seoul Jung-gu on May 30, 2016; and (b) was asked to take advantage of his head to get off the Defendant as a flagrant offender on the ground of assault against I by the head of the police station affiliated with the Seoul Jungdong Police Station G District; and (c) the Defendant, as his head, got off the Defendant’s head.

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, to cover approximately KRW 10,00 in repairing costs.

3. 모욕 피고인은 2016. 5. 30. 01:00경 서울 중랑구 K에 있는 G지구대에서 I에 대한 폭행을 이유로 현행범인으로 체포되어 조사를 받던 중 I와 다른 경찰관들이 있는 곳에서 서울중랑경철서 G지구대 소속 경위인 피해자 L에게 “이 씹새끼들아, 이 개새끼들아, 다 죽여버리겠다”, “이 씹새끼, 개새끼 두고보자, 대머리 주임새끼야, 너 기억해놨다가 가만히 두지 않겠다”라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect with regard to I;

1. Each police statement about H, C, and L;

1. Application of Acts and subordinate statutes for internal investigation reports (Attachment to a written application for motor vehicle parts);

1. Relevant Article 314(1) of the Criminal Act and Article 141 of the Criminal Act concerning criminal facts, the choice of punishment (a point of interference with business).

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