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(영문) 광주지방법원 2017.11.30 2016고단4276
재물손괴등
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

[2016 Highest 4276] On September 1, 2016, the Defendant destroyed the floor by cutting off the fruits equivalent to KRW 100,000,00,000 owned by the victim D without any particular reason, in front of the trade name “C” located in Gwangju Mine District B around September 1, 2016.

[2016 Highest 5560] On December 8, 2016, the Defendant ordered her bedg in the 'G' restaurant operated by the victim FF in Gwangju Mine-gu around 03:30 on December 8, 2016, and the Defendant was able to avoid disturbance for about 30 minutes, such as “I ambling, I ambly, I ambly, I ambly, I am going back to the next customer, and then throw away her bnd.” It was difficult to avoid disturbance for about 30 minutes to three persons, such as H, etc., who were customers in that place.

Accordingly, the defendant interfered with the operation of the victim's restaurant by force.

Summary of Evidence

[2016 Highest 4276]

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Photographs (on-site photographs) (2016 high group 5560);

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)

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

(a) First-Class 1 (Destruction of Recommendations) (the scope of punishment) basic area (from April to October) (no person who has any special sentencing factor) of the first-Class 1 (property damage, etc.) general standards;

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendations] : From April to February 1, 200, the scope of final sentence due to the aggravation of multiple offenders who are not subject to punishment (including serious efforts to recover damage) for mitigated areas (one month to August) (one month).

2. The circumstances under which the sentence of sentence is rendered, and the age, sex, environment of the defendant.

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