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(영문) 서울북부지방법원 2018.08.24 2018고단2513
공용물건손상등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal record] On April 29, 2016, the Defendant was sentenced to a suspended sentence of three years for a violation of duties by the Seoul Northern District Court on the grounds of interference with the Seoul Northern District Court, and was sentenced to six months for a obstruction of the performance of official duties at the Seoul Northern District Court on November 10, 2016, and the said sentence became final and conclusive on June 5, 2017, and the said suspended sentence became void upon the final and conclusive judgment. On May 21, 2018, the Defendant was released from the Daegu District Court during the execution of the sentence and passed on June 9, 2018.

[Criminal facts]

1. On June 12, 2018, at around 23:50, the Defendant: (a) provided the “D cafeteria”; (b) provided food and alcohol to the Plaintiff on credit; (c) provided that the Defendant refused it; (d) provided that “Chewing son, bitch son, bitch bitch bitch bitch bitch bitch bit,” and (d) 20 minutes of frank, such as drinking son and farbing son at the bottom.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. 공용 물건 손상 피고인은 제 1 항 기재 일시, 장소에서, “ 손님이 행패를 부린다” 는 112 신고를 받고 출동한 경찰관들에게 업무 방해 혐의로 현행범인 체포되어 순찰차의 뒷좌석에 탑승하게 되자 이에 항의하여 위 순찰차의 운전석과 뒷좌석 사이의 칸막이와 유리창을 발로 수회 걷어찼다.

Accordingly, the Defendant harmed the use of the patrol car, which is an object used by public offices, by impairing the repair cost of KRW 300,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Photographs of destruction of patrol car;

1. Submission of a written estimate of general repair expenses for patrols;

1. Application of the statutes attached to the site photographs of the case

1. Relevant 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 for each crime;

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

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