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(영문) 수원지방법원 안산지원 2016.09.30 2016고단3052
특수재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant who destroyed a special property was accommodated in around 01:00 on August 12, 2016.

In Ansan-si, C hotel's 8th floor of the C hotel in Ansan-si, a member D and Si expenses were not television, and around 02:00 the same day, in front of the 8th floor of the above D's 8th floor of the above hotel, a fire extinguisher, which was a dangerous object that was stored in the corridor, was stored in the corridor, led to the loss of the above sentence, and the damage was caused by a knife equivalent to 22,00 won at the market price of the victim E, the owner of the above hotel.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

2. The Defendant continued to engage in verbal abuse on the same ground as described in paragraph (1) above, and followed the Defendant’s demand from other guests on the same floor to engage in a duplicating operation, such as wearing flaps and punishing his body fighting.

Accordingly, the Defendant interfered with the victim E’s hotel operation by force between approximately 90 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of the Acts and subordinate statutes to fire extinguisherss used as damaged knobs and damaged tools;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 314(1) and 313 of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment for a 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment is limited to the category 1 (damage) (Habitual, repeated, and special damage, etc.) of the category 1 (Habitual, Cumulative, Habitual, Special Damage, etc.) [4 months to 10 months] in the area of mitigation (including serious efforts to recover damage), in the area of punishment not for the person subject to special mitigation], or considerable damage has been restored, the category 1 (Interference with Duties) in the area of mitigation (1 to 8 months) in the area of punishment (including serious efforts to recover damage) [including special mitigation] in the area of punishment not for the person subject to special mitigation (including serious efforts to recover damage).

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