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(영문) 창원지방법원 2017.06.22 2017고단1278
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. Around 12:00 on April 5, 2017, the Defendant obstructed the victim’s beauty room business by force for about two hours, including: (a) the victim H was under the influence of alcohol in the beauty room operated by Kimhae-si, and (b) the victim was demanded to have his/her hair cut; (c) the victim refused it; (d) the victim and his/her customers who wish to take care of the customer; and (e) the victim’s beauty room business was obstructed by force.

2. On April 5, 2017, the Defendant damaged public goods on the ground that he did not release himself while arrested a flagrant offender due to interference with the investigation by the police station in the middle of the 2307 Kim Sea and the detention room in the police station in charge of the duties set forth in paragraph (1) within the 3 head office of the police station in the 2307 Kim Sea, and the Defendant damaged property used by public offices for repair costs equivalent to KRW 163,000, such as replacement of a fixed frame of wooden material by cutting down two toilets in the 3 head office in the detention room as drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 11, 12 No. 500,00);

1. Relevant 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 imprisonment with prison labor for each crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. In the case of crimes No. 1 of the sentencing guidelines [the scope of the recommended punishment] offence (the scope of the punishment] offence No. 2 of the mitigated area (one month to eight months) [the person subject to special mitigation] [the scope of the punishment]] the mitigated area (one month to eight months) of the mitigated area (the invalidation of public goods] (one month and eight months), where the value of the invalidated or destroyed goods is insignificant, the final sentencing scope due to multiple increased crimes: January to one year;

2. Following the decision of sentence, the age, sex, family relationship, family environment, and crime of the above circumstances and the accused.

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