beta
(영문) 수원지방법원 2015.04.22 2014고단4355

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2014, the Defendant: (a) around 11:00, the Defendant demanded the victim to pay KRW 70 million, which is the price for supplying the household of the above hospital, in the E Hospital administrative Dong in Suwon-gu, Suwon-si, Suwon-si, and the second floor victims D, working as the head of the administrative office; (b) however, the victim demanded the victim to pay KRW 70,000,000,000,

The Defendant, in mind that the victim continued to pay his debt, took a monitor on the victim’s book, and broken it off, and in line with the above LROM monitor, 4 offices lights such as office lamps were broken off.

Accordingly, the Defendant destroyed the victim’s market price monitoring, type, etc.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.), laid the victim’s neck with a knife (17cc in length, 6cc in knife length) that is a dangerous object in the victim D (44 years of age) with a knife (17cc in length, 6cc in knife length) at the time, place, and on the grounds as set forth in paragraph (1), and charged the victim’s face with drinking and launching.

As a result, the defendant suffered an injury that needs to be treated for about four weeks.

3. The Defendant interfered with the business at the time, place, and place of paragraphs 1, 1, and 2, led another customer of the E Hospital, which caused the disturbance to be paid at that place, by avoiding the disturbance over a half-hour period, such as paragraphs 1 and 2.

Accordingly, the Defendant interfered with the victim D's hospital operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes to the site and photographs of the upper part thereof;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, the choice of punishment for a crime;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.