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(영문) 창원지방법원 2015.03.18 2014고단3349
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 2, 2014, the Defendant: (a) around 22:30 on December 2, 2014, at the E-ju shop operated by the victim D in Seongbuk-gu, Changwon-si; (b) at the entrance door opened in favor of the victim D because he/she is bad for drinking alcohol; and (c) at the entrance door opened in favor of the victim, he/she was laid off, and (d) at the above entrance, he/she damaged the entrance of the victim to cover approximately KRW 1.50,00 for repairing cost.

2. The Defendant interfered with the business of the Defendant destroyed the glass entrance as stated in the above paragraph (1) at the time and place, and obstructed the Defendant’s bar business by force by causing about 40 minutes of disturbance from the time when she snicker F to snicker, sound, and take a bath to snicker F, etc. The Defendant obstructed the Defendant’s bar business by force by getting 10 customers on the said main points out of the main points.

3. At around 23:10 on December 2, 2014, the Defendant engaged in the same conduct as indicated in the foregoing paragraphs 1 and 2, and committed assault, such as: (a) the Defendant: (b) took an inquiry of the circumstances of the instant case from the police officer, a police officer belonging to the G District called G District, who was called upon by the male upon having received a report of fighting; and (c) took a bath, such as spatching the spatch; and (d) took an action, such as taking a spatch, carried out, and drinking, with his hand, doing so.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and H;

1. Application of the written estimate, damage scene, and photograph of the suspect;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant was drunk at the time of committing the instant crime, and is in a state of mental disability.

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