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(영문) 서울중앙지방법원 2013.03.22 2012고단5285
재물손괴등
Text

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

However, 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. On July 2012, at around 00:00, the Defendant interfered with the business, at the “EM store operated by the victim D, on the first floor of the Gwanak-gu Seoul Special Metropolitan City C underground, the Defendant: (a) took a large amount of desire for an employee who works in the place without any reason to drink alcohol; (b) took an alcohol disease for about 30 minutes; and (c) interfered with the operation of the victim’s drinking house by force by avoiding disturbance over 0 minutes.

2. On September 17, 2012, around 21:10 on September 21, 2012, the Defendant damaged the damage of property by leaving the Hcer shop operated by the victim G on the first floor of Gwanak-gu in Seoul Special Metropolitan City, Seoul, into the breater with a large amount of alcohol, and making a call to the said victim, who would be able to stop from the said victim, and by gathering the phone, line weather, chemical powder, car straw, etc. at that location.

3. Violence;

A. The Defendant laid down equipment, such as the date, time, place, and wind, as mentioned in the above Paragraph 2, from the victim G (the 57-year old age), which was the above coffee operator, and assaulted the victim at one time by walking her left part of the victim at one time, and by drinking his head.

B. On September 18, 2012, around 04:30 on September 18, 2012, the Defendant issued an order for beer, and was rejected from the said victim, and was assaulted by three to five times on the floor of the said victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements made by witnesses andJ in the third trial records;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on investigation reports by the prosecution and detailed statement of handling 112 reported cases;

1. Relevant Articles 366, 260 (1) and 314 (1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The accused under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

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