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(영문) 의정부지방법원 2016.08.26 2016고단1676
공용물건손상등
Text

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

Reasons

Punishment of the crime

[criminal history] On April 28, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to an injury, etc. by the District Court of the Republic of Korea on April 28, 2015, and on September 22, 2015, the Defendant completed the execution of the sentence in the In

[Criminal facts]

1. On April 26, 2016, the Defendant: (a) at the E convenience store where the victim D, who is in the Government City C, works as an employee on April 26, 2016, the Defendant obstructed the victim’s convenience store business by making it difficult for other customers to purchase goods at the convenience store by force by making it difficult for them to purchase goods from the convenience store by making it difficult for them to purchase goods by force.

2. On April 26, 2016, around 08:50, the Defendant damaged public goods, at the detention room of the police station of the Gu Government Police Station in the way of 1265 paths, namely, “the police mos inserted in the detention room of B”, and “the police mos in the detention room of B”, and when the police mos were protected in the single room, the Defendant removed the wall to mitigate the shock of the single protection room of an amount of KRW 196,500 at the market price.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation, a report on investigation (a CCTV image analysis in a detention room), and a report on investigation (a CCTV image reading at a convenience store);

1. A report on trends in the detention room of the victim, and a written estimate of damage;

1. Data concerning the closure of CCTV images in a protection and detention room and data concerning the closure of CCTV images in a convenience store;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as search results of suspects, investigation reports (Attachment of judgment attached), criminal history, etc.;

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 damage to goods for public use) and the choice of imprisonment, respectively, with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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