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(영문) 부산지방법원 동부지원 2018.05.09 2018고단435

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On June 29, 2016, the Defendant was sentenced to one year of imprisonment by obstructing business operations at the Busan District Court, and completed the execution of the above sentence on June 24, 2017 at the Busan Detention House.

[2] On March 10, 2018, around 18:10, the Defendant intended to purchase a right to embark on sight at the E ticket held by the victim D (32 taxes) of the victim D (32) in Busan Shipping Daegu C1, but the Defendant did not sell the right on the ground that the Defendant was under the influence of alcohol, thereby damaging this by gathering the signature machinery at the same time, and putting the signature machinery at this place towards the glass of the ticket.

The Defendant continued to have been able to imprison against the victim, and had been able to avoid a disturbance for about 30 minutes, such as taking a bath to the customers in the vicinity, taking a bath to them, and frighting their happiness.

As such, the Defendant destroyed the said machinery to have an amount equivalent to 50,000 won of repair cost, and obstructed the victim’s operation of tourist excursion ships by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative reports (expenses for repairing damaged articles);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment, etc. of court records of the same kind of crime);

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

1. The reason for sentencing Article 35 of the Criminal Act for the aggravated repeated crime Article 35 of the Act on the Punishment of 1 Crimes (Interference with Business) [Scope of Recommendation] Interference with Duties, and the scope of the final sentencing due to the aggravation of multiple repeated crimes in the area of the aggravated punishment (referring to the scope of punishment for the same type of crime) [1 to 3 years] of the aggravated area (1 to 6 months) of the aggravated area (referring to the scope of recommendation] of Type 1 (property damage, etc.) of the aggravated area (8 to 1 year and 6 months), and the scope of the aggravated punishment according to the aggravated punishment of the same type of repeated crime: One year to 4 years and 3 months [decision of the sentence], taking into account not only the history of the defendant committed the same kind of crime, but also the amount of punishment for the same type of repeated crime, taking into account the scale of damage, is lower than the scope of recommendation for the sentencing guidelines.