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(영문) 청주지방법원 충주지원 2018.09.21 2018고단412
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a period of ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. On April 14, 2018, Defendants violated the Punishment of Violences, etc. Act (joint property damage, etc.) 1 discovered a FSM5 car, which is owned by the victim E, while under the influence of alcohol, and was parked at the same time, and Defendant B first set the front glass of the said car into drinking, and Defendant A continuously destroyed the said car with the repair cost of KRW 1,29,428, such as the vehicle walking on the front side of the said car.

Accordingly, the defendants jointly damaged the victim's property.

2) At around 17:30 on the same day as above 17:30 on the day, the Defendants: (a) destroyed the above entrance so that the repair cost amounting to KRW 400,000 by exercising tangible power, such as the knife of the disturbance under the influence of alcohol, and the knife of the disturbance located inside the restaurant entrance owned by the victim; and (b) Defendant B destroyed the entrance so that the knife amount equivalent to KRW 400,000,000 is exceeded.

Accordingly, the defendants jointly damaged the victim's property.

B. On April 14, 2018, the Defendants, at around 17:40 on April 14, 2018, committed assault, such as: (a) around 17:40, at the places described in paragraph (1); (b) and (c) at the places described in paragraph (12; and (b) upon receiving a report from K and policeman, etc., who was called out, and was urged to return home from K and policeman, etc., who was called up; and (b) Defendant B: (c) sealed the chest part of the above K on his hand; and (d) pushed the said L with Defendant A.

Accordingly, the Defendants conspired and interfered with the legitimate performance of duties by police officers on 112 reported cases.

2. The sole criminal conduct of Defendant A;

A. On April 14, 2018, the Defendant who interfered with his duties is under the influence of alcohol in front of the “I” food route operated by the Victim H in the Ha of the Victim G in the Haakbuk-gun, Chungcheongnambuk-gun, the Defendant is under the influence of alcohol.

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