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(영문) 부산지방법원 서부지원 2018.11.20 2018고단1496
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 1, 2018, the Defendant: (a) at around Busan, Seo-gu, Busan, and the 1st underground floor “D Singing room” in the “Ding room”; (b) at around 21:00, the Defendant: (c) at the “Ding the entrance of the said singing room; and (d) at the time of leaving the sing room, she died.”

“Around 30 minutes of the disturbance, customers, who had been engaged in singing in the singing room, such as singing in the singing room in hand, who had been engaged in singing in the singing room, were unable to enter the singing room for about 30 minutes, thereby interfering with the victim’s singing business by force.

2. On July 1, 2018, around 21:47, the Defendant: (a) was arrested as a flagrant offender at the F District of the Busan Western Police Station located in Seo-gu, Busan on the grounds of paragraphs (1) and (2) of this Article; and (b) was in custody in the said district, and (c) was fluored by the police officer, who was in his/her custody in the said district on the ground that he/she was fluored, and was fluored to the police officer, and then was fluored by the video camera, the market price of which is equivalent to KRW 50,000,000, installed on his/her office book.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes, such as field photographs and estimates;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 141(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Category 1 (Invalidation of Official Duties) (Invalidity of Official Goods) is the basic area (six months to one year and six months), and there is no special sentencing factor;

(b) Type 1 (Interference with Duties) (Interference with Duties) area (i.e., mitigation range (i. August) (ii.e., special mitigation range) is not subject to punishment (damage).

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