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(영문) 전주지방법원 2017.04.26 2017고정19
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 9, 2016, the Defendant: (a) obstructed the Defendant: (b) drinked alcoholic beverages at the D cafeteria operated by the Victim C, Masan-gu, Masan-si, B on August 9, 2016; and (c) without any reason, “I am bit of bitch, bit of a bitch, bit of a bitch, bit of a bitch.”

In this sense, it interfered with the operation of the cafeteria of the victim by force between about 40 minutes by keeping the disturbance, such as hinginginging the bath, collecting the drinking residues and the salted fish, etc.

2. The Defendant damaged public goods at the time and place specified in the foregoing paragraph (1), and was arrested as a current offender interfering with his/her duties, and was transferred to the National Police Station in Busan Metropolitan City on August 10, 2016, which was released at around 01:06 and was on the front of the said police station on August 10, 2016, the following day, and was arrested, there was a complaint against the arrested goods at around 01:30 on the same day, and damaged goods used by the public office, which was posted at the investigation vehicle owned by the said police station, which was a vehicle owned by the said police station, for the investigation vehicle owned by the said police station, and the cell phone skysch skex driver, who was parked in the front of the said police station on several occasions,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (the witness at the scene of crime, reasons for not preparing a report on damage, attachment of a photograph of crime, etc.), photographs of damaged vehicles (E), and photographs of victimized vehicles;

1. Article 314 (1) and Article 141 (1) of the Criminal Act (a point of interference with business) concerning facts constituting an offense under the relevant Article of the Criminal Act;

1. Selection of an alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the nature of the crime is not very good in light of the reason for the crime of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the defendant is divided by mistake, the fact that there is no history of criminal punishment, the victim of the obstruction of duties agreed with the victim of the crime, and the police vehicle damages are compensated for the repair cost.

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