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(영문) 수원지방법원 2017.10.11 2017고단5632
공용물건손상등
Text

A defendant shall be punished by imprisonment for four 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. On July 15, 2017, at around 04:20, the Defendant obstructed the business of the victimized person’s club operation by force for about 15 minutes, such as taking a bath to the outside of the entrance of the business place, waiting with the employees and waiting with the outside of the business place, on the ground that the victim’s influence in name was not well-known with women, i.e., the male and female, and taking a bath to the other customers, and selling the article to the outside. However, the Defendant continued to interfere with the business of the victimized person’s club operation by force for about 15 minutes, such as taking a bath to the outside of the business place, and paying a vision.

2. On July 15, 2017, the Defendant damaged goods for public use within a police box of the police station located in the south of the Suwonwon, which was arrested as a flagrant offender for the said reason, and then damaged goods used by public offices in order to ensure that the repair cost is equivalent to KRW 7,00,000, by walking side of the wooden gate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. The application of Acts and subordinate statutes concerning the photograph of damage, notification to a department related to the reporting of the 112 Incident, C-site photographs, and CCTV images and estimates;

1. Relevant Article 314(1) of the Criminal Act, the choice of punishment for a crime, Article 314(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Application of the sentencing criteria [Article 1] Damage to public goods;

(a) Determinations of types: interference with the performance of official duties, invalidation and destruction of public goods, [type 1] invalidation of public goods;

(b) Special sentencing factors: Reduction factors (where the value of invalid or destroyed articles is insignificant).

(c) Scope of recommendations: Reduction area, one month to eight months (two crimes) interference with affairs;

(a) Determination of types: Interference with business, [Type 1] interference with business;

(b) Special sentencing factors: Reduction factors (unlimited to punishment);

(c) Scope of recommending punishment: Reduction area, one month to eight months [the result of processing multiple crimes] from January to one year;

2. Determination of sentence;

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