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(영문) 대전지방법원 서산지원 2020.05.27 2020고단98
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 1, 2019, from around 23:30 on September 1, 201, to around 00:00 of the following day, the Defendant interfered with the business of the victim’s entertainment business by having the customers who were in the main place of drinking out of the main place of drinking room by having the victim take a bath for the victim on the ground that the victim’s drinking drinking in the dan operated by the victim C was claimed more than his/her own thoughts and then the victim’s drinking value was claimed. The victim’s drinking in his/her hand, her hand, her part of drinking, her part of drinking, her part of drinking, her part of drinking, her part of drinking, her part of drinking, and her part of drinking, her part of drinking with the victim’s drinking room.

2. On September 3, 2019, the Defendant damaged public goods, at the detention room of the Chungcheongnam-gu Police Station located in Seogdo-ro 327, Seogdo-ro around 04:00, and on suspicion of false reporting 119, arrested a flagrant offender from police officers belonging to the Chungcheongnam-gu Police Station as a flagrant offender and was detained, the Defendant destroyed the goods by means of opening a cover covering the two-sides equivalent to KRW 30,00,000 in a toilet at his/her own expense and cutting it on the floor.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements D and C;

1. Application of photographs related to damage to public goods, obstruction of business, and application of Acts and subordinate statutes of violence photographs;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business), Article 141 (1) of the Criminal Act (a point of damage to the public property), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the sentence of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act unfavorable to the reasons: The defendant has been punished twice as a crime of obstruction of performance of official duties, and the defendant committed the crime of this case during the period of suspension of execution due to the crime of obstruction of official duties.

Considering the background and method of crime, there is no good quality of crime.

The favorable circumstances: the defendant recognizes and reflects the crime.

The agreement was reached with the victim of interference with business.

Damage to public property was recovered.

The age, character and conduct, environment, circumstances of crimes, and crimes of defendants.

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