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(영문) 서울중앙지방법원 2015.09.24 2015고합652

폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등재물손괴등)등

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A defendant shall be punished by imprisonment for one year.

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

The defendant is an employee of the D cafeteria located in Jung-gu Seoul Metropolitan Government, and the victim E (Inn, 74 years old) uses the D cafeteria in India.

Around July 14, 2014, the Defendant borrowed one million won from the victim to repay the debt after one month. However, the Defendant failed to repay the debt within the agreed time limit and subsequently received demand from the victim.

The Defendant has damaged the victim’s fingers and task by making it difficult to call for the victim’s continuous demand for repayment from August 2014 to May 2015, 2015, keeping the surplus of the victim’s sales under his/her handle and keeping the situation of returning home in his/her hand, such as creshing the victim’s handcars or shaking it with his/her hand, etc.

1. On May 15, 2015, the Defendant, at around 20:30, threatened the victim with a demand to pay one million won from the victim in the vicinity of the D cafeteria, the Defendant threatened the victim by saying, on two occasions, that the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

2. Destruction and damage of habitual property;

A. From May 11, 2015, the Defendant violated the Punishment of Violences, etc. Act (Habitual group, deadly weapon, etc. damage, etc.) destroyed the victim’s property carrying dangerous objects nine times in total, such as the following: (a) around 05:57 on May 11, 2015, the Defendant: (b) destroyed the victim’s property, carrying the victim’s property, which is a dangerous object in front of the D cafeteria; (c) destroyed the victim’s loss, and the victim’s market price in his/her possession is unknown; and (d) from that time until May 25, 2015, the Defendant damaged the victim’s property by carrying them with the victim’s property, which was habitually dangerous objects at nine times in total.

B. On May 19, 2015, the Defendant violated the Punishment of Violences, etc. Act (Habitual destruction, damage, etc. of and damage to property) is a D restaurant around 07:28.