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(영문) 서울북부지방법원 2016.12.16 2016고단4602
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 18:50 on June 20, 2016, the Defendant obstructed the Defendant’s business by getting the victim “D” restaurant operated by the victim C (Nam and 58 years of age) located in Dongdaemun-gu Seoul, Dongdaemun-gu, by ordering the victim to drink and drink at KRW 35,00,00, and selling the cryp and drink at KRW 35,00,000, and thereby obstructing the Defendant’s business by getting the victim off his knife, off his knife, and displaying his knife’s top.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

2. The Defendant causing property damage, at the time and place referred to in Paragraph 1, had a 40,000 won of tree partitions (180 cm in length, 100 cm in width) that is the market value of the victim C, the victim C, who was in a restaurant, was in a disturbance as referred to in Paragraph 1.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of photographs causing damage to property);

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

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

1. The scope of the final sentence due to the aggravation of punishment (i.e., damage to property) for the reasons of sentencing under Article 62(1) of the Criminal Act (i.e., Article 62(1) of the Act on the Suspension of Execution (i.e., Article 62(1) (ii) for the mitigated area (i.e., damage to property) (i., damage to property) for the mitigated area (i.e., Article 1-6) for the mitigated area (i., one month to six months), for the mitigated area (i.e., special mitigation), for the mitigated area) for the mitigated area (i., damage to property): one month to nine months (i.e., the decision of a sentence] for the defendant has been sentenced several times as violent crimes, and (iii) for the victim beyond the upper part of the sentence, the degree of power inflicted on the victim should be taken into account, but the defendant is against the mistake

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