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(영문) 울산지방법원 2016.11.16 2016고단3422
공용물건손상등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 24, 2016, around 00:45, the Defendant obstructed the victim’s business operation by force by avoiding disturbance for about 25 minutes, such as: (a) the victim’s “E convenience store” located in Ulsan-gu C, Ulsan-gu, Seoul, without any justifiable reason, engaging the victim’s and his customers in taking a bath.

2. The Defendant: (a) heard the victim G, a police officer affiliated with the Ulsannam Police Station F police box of the Ulsannam Police Station, who was dispatched after receiving a report of 112 on the above content; and (b) made the victim’s public humiliation by openly insulting the victim with the large voice “I am back from the victim, who is a police officer affiliated with the Ulsannam Police Station F police box,” and “I am out of the Republic of Korea.”

3. At around 01:00 on the same day, the Defendant: (a) arrested a flagrant offender on the same day; (b) caused the damage to public items, and (c) caused damage to the goods used by public offices by destroying a book, which is a public object, to a police officer, and thereby causing the damage to its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Written estimate;

1. Application of Acts and subordinate statutes of photograph (Evidence No. 17 pages);

1. Articles 141 (1), 314 (1), and 311 of the Criminal Act concerning the facts constituting an offense;

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 on the Suspension of Execution (a person who has the same record of force, including obstruction of performance of official duties, shall choose a suspended sentence in consideration of various circumstances, such as the circumstances leading to the crime, the scale of damage, the agreement with the victim of the crime of interference with business, and reflectivity, which are shown in the records and pleadings. The

1. Probation and community service order under Article 62-2 of the Criminal Act;

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