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(영문) 광주지방법원 순천지원 2019.10.24 2019고단1692

특수재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. 특수재물손괴 피고인은 2019. 6. 10. 21:20경 순천시 B에 있는 피해자 C 운영의 호프집에서, 일행과 시비를 하다가 화가 난다는 이유로 그곳에 있던 위험한 물건인 철재의자를 피해자 소유의 시가 1,280,000원 상당의 유리창에 2회 던져 유리창을 깼다.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. At the same time and place as indicated in paragraph 1, the Defendant obstructed the Defendant’s ordinary restaurant business by force by avoiding disturbance for about one hour until 22:30 of the same day, even though the police officer was dispatched to the Defendant, at the same time and place as indicated in paragraph 1, the Defendant: (a) obstructed the Defendant’s general restaurant business by force by avoiding disturbance for about one hour; (b) the victim, “I am bitch, bitch, bitch, bitch, bitch, bitch, bitch.”

Accordingly, the defendant interfered with the victim's work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a report on investigation (attached to a written agreement and written estimate);

1. Relevant Articles 369(1), 366, and 314(1) of the Criminal Act concerning criminal facts; the choice of imprisonment with labor;

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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act, including the fact that the confession is against the victim, the victim