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(영문) 대구지방법원 포항지원 2020.05.14 2020고단24
공용물건손상등
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

1. At around 04:07 on December 8, 2019, the Defendant: (a) took a bath at the “D’s operation” of the Victim C, which was located in the Northern-gu, Northern-si; (b) while under the influence of alcohol, she took a bath, such as “Ye, franch, franch, franch, franch, franch, franch, franch, etc.” on the part of the customer, the Defendant dumpedddddds, such as having the beer’s disease and the beer’s house on the floor.”

Accordingly, the defendant interfered with the victim's main business by force.

2. On December 8, 2019, the Defendant damaged public goods, at around 05:56, the Defendant obstructed main business operations as described in the foregoing paragraph (1), and was arrested and taken custody of a flagrant offender, and was accompanied by the police officer affiliated with the said police box to walk the entrance door of the said box to the Ponding police station of the Ponding port, and walk the Defendant’s 275,000 won.

As a result, the Defendant destroyed public objects used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A H statement;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant Article 314(1) of the Criminal Act and Article 141(1) of the Criminal Act (a point of interference with business) (a point of interference with business) (a point of damage to public goods) of the same Act concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Damage to Public Goods) [Determination of Penalty] Crimes: Invalidity and Destruction of Public Goods / [No. 1] Nullity of Public Goods / No. / [Special Convict] / [Scope of Recommendation and Recommendation] Basic Field, Imprisonment with labor for six months to one year;

(b) Class 2 (Interference with Business) Crimes (Determination of type) interference with business.

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