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(영문) 인천지방법원 2015.07.23 2015고단1996

재물손괴등

Text

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

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

Reasons

Punishment of the crime

1. On March 4, 2015, at around 22:20 on March 4, 2015, the Defendant damaged the table, which is owned by the victim, by making it difficult for the Defendant to repair the table, which is owned by the victim C (the 51-year old-old-gu Incheon) by having the victim C (the 51-year-old-old-gu age-2) use the table at the main point of “D,” where the victim C (the 51-year-old-old-gu) stored and asked him/her to store his/her singing promptly.

2. 업무방해 피고인은 위 제1항과 같은 일시, 장소에서 위와 같이 테이블을 걷어차 쓰러트리며 그곳에 있던 손님들에게 “뭘 쳐다보냐”라고 소리를 지르고 시비를 걸면서 행패를 부려 손님들이 그곳을 떠나게 하는 등 피해자 C의 정당한 주점 영업을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles 366 and 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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

1. The sentence of Article 62(1) of the Criminal Act requires the choice of imprisonment with prison labor on the grounds that there are many same records of sentencing.

It is decided as per the disposition in consideration of the fact that the victim desires to attend the court until the time of appearance.