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(영문) 부산지방법원 동부지원 2017.04.26 2017고단366

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2017, the Defendant smoked tobacco in the restaurant while eating at C cafeteria located in Suwon-gu, Busan at around 03:25 on January 31, 2017, and received a claim from the victim D (21 tax) and the victim E (20 tax) that was mealed in the cafeteria, the Defendant went out of the cafeteria, and the victims were unable to provide meals due to tobacco smell to employees.

It was called that the worker did not calculate the amount of boomed price to the victims and was flicking.

Therefore, the defendant reported that the victims did not go to the account, and reported that they did not go to the account, and following the victims, whether the victims "dob is not having a boomed price."

"In the process of doing so, the victims suffered respectively by hand, and the victims have been faced with clothes of the victims, leading the victims and leading them in the future.

As a result, the Defendant assaulted victims, and damaged the victim's property by having the right side part of the victim's lebricket, about 25 cm, and the victim's lebrat part of the right side part of the victim's lebricket, the victim's E, teared about 5 cm.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes on CCTVs, such as investigation reports, damaged clothes, investigation reports (CCTV investigation), CCTV-cap photographs, and CCTV video CDs;

1. Article 366 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense (a point of assault) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or Article 62-2 of the community service order is the case where the defendant who has smoked in the restaurant did not pay a meal under the understanding of restaurant business, and his clothes among the victims being towed.