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(영문) 서울남부지방법원 2020.01.09 2019고단5497

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On October 22, 2019, the Defendant: (a) around 1:45 on October 22, 2019, sent six computer monitors worth KRW 600,000, total market price, which is the victim’s ownership, to drinking in the “D” PC operated by the victim C in Gangseo-gu Seoul Metropolitan Government B, on the ground that he was drunk.

Accordingly, the defendant damaged another person's property.

2. Some of the facts found based on evidence to the extent that there is no substantial disadvantage in guaranteeing the defendant's right of defense against the obstruction of business.

On October 22, 2019, from around 1:45 to 2:15 of the same day, the Defendant interfered with the aforementioned PC operation by the victim, such as destroying six computer monitors from the aforementioned PC operated by the victim C, and voice that the president would mislead the employees.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a report on the case);

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for a crime;

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 (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) [Attachment 1] Obstruction of Business (Type 1] : Reduction element: Reduction area of punishment (the scope of recommendation area and recommendation range) mitigation area, imprisonment with labor for one month to eight months;

(b) Class 2 crime (Destruction of and Damage to Property) [Determination of Punishment] [Class 1] Damage to Property, etc. (Special Convicts): Reduction element: Reduction area of punishment not [Recommendation Area and Recommendation range] mitigation area, imprisonment with labor for one month to six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: One month to one month of imprisonment (the maximum of crimes No. 2) (the maximum of crimes No. 1/2).