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(영문) 인천지방법원 부천지원 2015.01.22 2012고단1289
재물손괴등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 12, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor or 2 years of suspended sentence for larceny, and the judgment became final and conclusive on July 20, 2013, and on August 28, 2014, the Defendant was sentenced to 1 year of imprisonment with prison labor for assault, etc. in this court, and the judgment became final and conclusive on September 5, 2014.

1. Around August 1, 2012, the Defendant destroyed the property damage by destroying the “Eju” operated by the victim D with the victim D on the 2nd floor of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, with no reason, 10 U.S. Free Cups in the market area owned by the victim.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) collected the victim’s free cup, which is a dangerous thing, without any justifiable reason, from the date, place, and without any reason. The Defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Previous records before ruling: Application of criminal records, investigation reports (report on confirmation before disposition, results of confirmation, and date of release), and Acts and subordinate statutes;

1. Article 366 of the Criminal Act (Selection of Imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (e.g., equity in a case where a judgment is rendered simultaneously with the decisions of the latter part of Article 37 of the Criminal Act as

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