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(영문) 서울북부지방법원 2019.09.19 2019고단3294

재물손괴등

Text

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

Reasons

Punishment of the crime

1. On July 29, 2019, around 12:40 on July 29, 2019, the Defendant damaged the victim’s market price, which was displayed in front of the cosmetic, on the ground that the victim, who was the Defendant, was not contacted with the Defendant, before the cosmetic operated by the victim C, located in Seoul Special Metropolitan City, Nowon-gu, by cutting off seven fire parts of the victim’s market price, which was displayed in front of the cosmetic, and destroyed.

2. From around 10:30 on July 29, 2019 to 12:40 on the same day, the Defendant interfered with the business of the victim’s beauty room business by forcibly obstructing the customers who were in the beauty room from leaving or entering the beauty room from around 10:30 on the same day, from around 10:0, the Defendant 200 to around 12:40 on the same day, putting in the front door of the beauty room, drinking alcohol while drinking alcohol, drinking alcohol, opening a cell phone, cutting off the table, cutting off the boom, and cutting off the fire outside the beauty room as described in paragraph (1), thereby obstructing the victim’s beauty room business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is against the Defendant’s criminal act, and the fact that the victim is seeking the Defendant’s wife by agreement with the victim is favorable to the Defendant.

However, even though the defendant was sentenced to a suspended sentence for four months or more due to the crime of damaging public goods, the defendant committed the crime of this case in a period of two months or more, in light of the character of the defendant at the time of the crime of this case, the content of text messages sent by the defendant to the victim at the time of the crime of this case, and the criminal records of the defendant's past punishment, etc.,