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(영문) 인천지방법원 2016.12.16 2016고단7016

재물손괴등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 3, 2016, at around 14:16, the Defendant damaged the repair cost of KRW 1,245,000, by breathing the Cponding car located in Nam-gu Incheon Metropolitan City, the Defendant: (a) under the influence of alcohol, putting out the washing machine of the equipment owned by the victim D without any justifiable reason; (b) destroying the gas siren; and (c) destroying the smoke, beer, beer, and beegres, etc., being kept there in his/her custody by exceeding the cooling tank of alcoholic beverages.

2. Interference with business;

A. From around 21:00 on October 2, 2016 to 21:40 on the same day, the Defendant: (a) obstructed the victim’s bar business by force by putting customers who had entered the main points of the incident, such as spreading a galking on the floor without any justifiable reason, cutting away a galle, and spreading a galleing with the glar and ging the gals; and (b) preventing them from entering the said main points; and (c) thereby obstructing the victim’s bar business.

B. At around 19:00 on October 5, 2016, the Defendant: (a) obstructed the victim’s bar business by force by leaving customers, who were suffering from disturbance by blocking the floor of beer and beer on the floor without any justifiable reason; and (b) cutting away kimchi from their main points; and (c) obstructed the victim’s bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of written estimates and the Acts and subordinate statutes governing damaged objects;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation and order to attend a lecture or community service order;

1. Scope of recommendations according to the sentencing criteria;

(a) Type 1 (Interference with Business) (Scope of Recommendation) (Interference with Business) (Type 1 (Interference with Business) (Class 1 to 8) (Specially mitigated Persons) is not subject to punishment;

(b) Type 1 (Destruction and Damage, etc.) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (A

(c) the final sentence scope resulting from the aggravation of multiple offenses: