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(영문) 대전지방법원 논산지원 2020.05.08 2020고단26
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around 00:30 on December 15, 2019, the Defendant obstructed the victim’s main business by 50 minutes of disturbance, such as talking to the effect that the victim was unable to repay the money borrowed from the Defendant at D main points operated by the victim C, which the victim was under the influence of alcohol, and “the same bit of bit of bitch, bit of a bitch,” and passing sound, and neglecting the victim’s main business.

Accordingly, the Defendant interfered with the business by force.

2. On the grounds stated in paragraph (1), the Defendant was arrested on December 15, 201, 01:25 on the same day, and was admitted to a detention room of the Chungcheongnamsan Police Station located in 159, a mountain village in 03:30 on the same day after he was arrested in the act of committing an act of committing an offense.

In this regard, the defendant, who was under the influence of alcohol at the detention room No. 1 room of the above police station, had a complaint against the arrest of flagrant offender at the detention room, and had the police officer in charge of the service of the detention room " why is why there is any reason in the detention room," and had the entrance door of the detention room taken several times, and damaged the police officer in charge of the service of the detention room so that approximately KRW 200,000 of the repair cost, such as the replacement of reinforced glass test lease, etc., at the entrance of the above glass room.

Accordingly, the defendant damaged the articles used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. 112. List of reported cases;

1. Statement to C by the police;

1. A copy of work place in a detention room;

1. Application of Acts and subordinate statutes to each investigation report (damage to the entrance door of room 1 in the detention room, damage to public goods, attached estimates, etc.);

1. Relevant Article 314 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment), the choice of punishment for the crime (the point of damage to public goods and the choice 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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the victim has not been punished against the defendant, and the defendant's mistake.

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