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(영문) 수원지방법원 2016.06.16 2016고단1393
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:05 on January 26, 2016, the Defendant: (a) took a bath without paying the drinking value at D main points operated by C in Osan City B; (b) was arrested as a flagrant offender to C, F, and G, who was dispatched to the police station E District of the Sungdong Police Station E District, and was arrested as a flagrant offender, and led to the E zone located in H in Osan City.

At around 00:50 on January 27, 2016, the Defendant: (a) walked to the above F in the above E District; (b) opened a stringk, which is installed adjacent to the skin’s seat, by putting off and damaging the Internet cable in hand; and (c) continuously “packs shall be sibed, and this rings shall be discarded.”

“The face of the private victim I(S) of the E District would be taken by the police officer of the E District would be the face of the private victim I(S) belonging to the E District.

As a result, the defendant damaged the goods used by public offices, obstructed the legitimate execution of duties by police officers on the maintenance of public order, and at the same time, there was a face-to-face scambling room which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement made to I by the police;

1. Each written statement C and K;

1. Investigation Report (as to actions within the earth):

1. A photograph of damage caused by a district;

1. A written diagnosis of injury;

1. Application of the written estimate statutes;

1. Article 141(1) of the Criminal Act (the point of damage to goods for public use) of the relevant Act on criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act on criminal facts;

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

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) disadvantageous circumstances, such as the crime’s nature is not good in light of the form and content of each of the instant crimes; and (b) agreement with the victim or failure to recover from damage.

On the other hand, the defendant reflects his fault in depth.

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