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(영문) 춘천지방법원 영월지원 2017.11.14 2017고단208
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Damage to property;

A. On January 23, 2017, at around 16:56, the Defendant destroyed two glass windows equivalent to KRW 120,00 of the market price owned by the injured party D, which was operated by the injured party D, in Gangwon-gun, Gangwon-do, for drinking, on the ground that the injured party D requested drinking to the injured party, but on the ground that he did not provide drinking, two entrance doors entering the room inside the above restaurant were broken up and damaged.

B. On February 21, 2017, around 03:25, the Defendant: (a) collected alcohol-related diseases from the victim G, the victim G in the Gangseo-gun F of Gangwon-gu, without any particular reason, and damaged the TV receiver’s market price of KRW 27,000, the victim’s market price.

2. On March 31, 2017, the Defendant: (a) 20:25 on the part of the Defendant: (b) expressed the victim’s desire to drink in E-cafeteria operated by the victim D, which was located in Gangseo-gun, Gangwon-do; (c) but on the ground that he did not drink, the Defendant expressed the victim’s desire to “the same bit of a bitch, bit of a bitch,” and interfered with the victim’s operation of the restaurant by force, such as holding the chair on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (on-site inspection and statement of victims);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution is to be determined as ordered by taking into account all the elements of sentencing indicated in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstance after the crime, etc., that the Defendant recognized each of the instant crimes, favorable circumstances such as the recovery of damage, etc., and that some of the damage was punished several times due to violent crimes.

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