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(영문) 광주지방법원 2015.10.15 2015고단2975
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 17, 2015, from around 00:02 to around 00:15 on the same day, the Defendant: (a) from the victim D’s “E” restaurant operated by the victim D in the North-gu Seoul Northern-gu, Gwangju, the Defendant: (b) left the restaurant, without any justifiable reason, and (c) caused the customer to die as the customer; and (d) attempted to go against the victim; and (c) prevented the customer who was going to the seat of the seat.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. The Defendant, at around 01:30 on July 17, 2015, was arrested in the crime and office of the Gwangju Northern Police Station and office located in the 172-ro, Seo-gu, Gwangju Northern District, Gwangju, for the purpose of assault and assault against the said F, and was under investigation on the ground that he was faced with the face of the said G on the ground that he was raising a disturbance from the background G belonging to the said police station.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

3. The Defendant damaged public goods at the time, time, place, etc. described in paragraph 2, requiring 100,000 won for repair to be carried out by the exchange of lots of land by cutting the water purifiers at the same time and place as described in paragraph 2.

Accordingly, the Defendant damaged water purifiers which are public goods.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the prosecutor and the police accused;

1. Each statement made by the police with respect to F, D and G;

1. Application of the Acts and subordinate statutes to photographs, estimates, or written agreements (Nos. 3, 11, 13, 15, 16, 21, 22 of the evidence list);

1. Selection of imprisonment with prison labor under Articles 141(1), 314(1), and 136(1) of the Criminal Act concerning the crime;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is the first category of crimes (the scope of the recommended punishment) (the scope of the obstruction of performance of official duties) and the basic area (6 to 1 year and 4 months) of the suspended sentence.

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