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(영문) 대구지방법원 2017.05.18 2017고단1338

재물손괴등

Text

A fine of KRW 1,00,00 for the crime No. 1 in the judgment of the defendant, and a fine of KRW 5,000,00 for the crime No. 2 in the judgment.

Reasons

Punishment of the crime

[criminal record] On December 14, 2016, the defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (motor vehicle drivers' assault, etc.) at the Daegu District Court, and the above judgment became final and conclusive on the 22th of the same month. On February 10, 2017, the defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a crime of assault at the Seo branch branch of the Daegu District Court for six months, and the above judgment became final and conclusive on the

[Criminal facts]

1. Property damage (2017 Highest 1338) on November 14, 2016, the Defendant: (a) under the influence of alcohol in the victim C-Operation D-cafeteria located in Daegu-gu, Daegu-gu, about 17:50 on November 14, 2016, took a bath for the above victim; and (b) took a warning from the victim; (c) laid down one of the market price of the victim’s possession on the next customer’s upper part, which is an unfluored market price.

Accordingly, the defendant damaged the victim's property.

2. Business interference (2017 Highest 2004) from around 22:10 on April 12, 2017 to 22:30 on the same day, the Defendant continued to drink after drinking and drinking alcohol at G cafeteria operated by the Victim F (F) located in Daegu Dong-gu, Daegu, while drinking and drinking after drinking at G cafeteria, and the Defendant “I am, I am a bath, I am a baby, I am a bry, I am spit, and am a spit, I am spit, etc. on the floor after the Defendant dries the table, etc. inside the said cafeteria, and let the said cafeteria enter the said cafeteria.

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

"2017 Highest 138"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs "2017 Highest 2004";

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. On-site photographs (before judgment), inquiry about criminal history and application of Acts and subordinate statutes to each investigation report (report on the previous records and results of confirmation of each disposition);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Selection of each selective fine for punishment (a crime interfering with business affairs shall be committed during the period of probation;