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(영문) 부산지방법원 2019.08.20 2019고단2813
재물손괴등
Text

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

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

Reasons

Punishment of the crime

At around 15:20 on March 8, 2019, the Defendant, “2019 Highest 2813”, at the 1st floor of the Geum-gu, Busan Metropolitan City, the Defendant, drinking alcohol at the 2nd floor of the 2nd apartment, drinking alcohol with other customers, making the table 2, which is owned by the victim D (n, 69 years old) who was located at the 2nd seat, collected the table 2, which is owned by the victim D(n, 69 years old). The Defendant, at the 2nd floor of the 2019, reduced the utility of the table 2, 4 chairs, and 1 hot flag.

On June 15, 2019, from around 14:00 to 14:54 of the same day, the Defendant, while drinking alcohol at the C cafeteria operated by the victim D in Busan Geum-gu, the Defendant teared several copies of the account books by photographing the credit account books to the victim “I am knife, I am knife. I am knife. without the account books. I am a photograph within the same year, I am knife and snife, I am dead. I am a knife in the same year, a year, and a son. I am. I am dead. I am the same year, am dead. I am am knife with the same annual report board, and let the customer out of this country, thereby hindering the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

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 former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Class 1 crime (Interference with Business) (Interference with Business) [Type 1] Interference with Business (Special Disturbing Persons]: Reduction element of punishment (including serious efforts for recovery of damage): Reduction area (including the recommended area and recommendation range), reduction area, imprisonment with labor for one month to eight months;

(b) Second crimes (determination of types) (Destruction of and damage to property).

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