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(영문) 서울동부지방법원 2013.04.17 2013고단159
공용물건손상등
Text

A defendant shall be punished by imprisonment for four months.

except that 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. At around 19:00 on August 3, 2008, the Defendant interfered with the business of the Defendant: (a) as to the E restaurant operated by the victim D in Gyeonggi-si, Gyeonggi-si; (b) as to the Defendant’s mispercing to the effect that the fluor, who was under drinking together with his her fluor, was harming the Defendant to see that the fluor, who was in the process of drinking together with her flusium around the above restaurant, was trying to assault the said fluor; and (c) the said flusing person was prevented from the victim; and (d) the said flusing 3 of the flus in the place

2. At around 19:00 on August 3, 2008, the Defendant obstructed a police officer’s legitimate execution of his duties in relation to the suppression of a crime by assaulting him, such as spiting spite on his face, kneeing down his knee on one occasion, and walking knee on one-time knee, etc., in front of the above E restaurant, and from G officers belonging to the F District of the Military Police Station in the 112 reported and dispatched.

3. On August 3, 2008, the Defendant damaged goods for public use by public offices for the repair cost of KRW 28,000 by walking back the rear glass of the atmosphere once, on the ground that the Defendant was arrested at F District of the Gun Police Station located in Gyeonggi-si, Gyeonggi-si, as an offender in the act of interference with business, etc. at the F District of the Gun Police Station located in H and the Defendant was arrested as an offender in the act of interference with business, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 314(1) of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 136(1) and Article 141(1) of the Act on the Punishment, etc. of Specific Crimes (amended by Act No. 10259, Apr. 15, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution is more than Article 62(1) of the Criminal Act (i.e., the fact that the defendant is against the defendant, the fact that the defendant agreed with the victim D, and the defendant deposited KRW 100,000 to pay damages to the police officer).

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