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(영문) 서울남부지방법원 2019.01.09 2018고단3425
공용물건손상등
Text

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

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

Reasons

Punishment of the crime

1. On April 28, 2018, around 23:55, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes, following the victim’s noise to customers in the “D” restaurant in Gangseo-gu Seoul Metropolitan Government, which was operated by the victim B, and the victim demanded the payment of the food cost, and thereby obstructing the victim’s restaurant business by force.

2. Around 00:20 on April 29, 2018, the Defendant insultd the victims by openly exposing the victim G of the police officer F, police officers affiliated with the Seoul Gangseodong Police Station E-gu, Seoul Gangseo Police Station E-gu, and police officers belonging to the Seoul Gangseo Police Station E-gu, who were called upon 112 after receiving a report, at the place indicated in paragraph (1) and the name and influences of the said restaurant B and the said restaurant.

3. On April 29, 2018, at around 00:25, the Defendant damaged public objects and was arrested as a flagrant offender due to the obstruction of business, etc. at a place specified in paragraph (1), and was on the back seat of the patrol seat of the Seoul Gangseo Police Station E District Patrol, Seoul and damaged the Defendant’s oral message by walking the front door of the said vehicle several times.

Accordingly, the Defendant damaged the goods used by public offices to constitute repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. B written statements;

1. Each complaint filed in F and G preparation;

1. Application of Acts and subordinate statutes to photographs of the back of the damaged patrol vehicle;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (a point of interference with business), Article 311 of the Criminal Act, and Article 141 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each sentence of imprisonment;

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

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

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