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(영문) 울산지방법원 2017.09.13 2017고단1590
재물손괴등
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

around 04:00 to 05:00 on November 1, 2017, Defendant A destroyed glass windows (700 x 1300 cm) equivalent to KRW 100,00 on the outer wall, which were installed on the outer wall, on the ground that the victim was not able to see himself/herself, on the grounds that the victim was not able to see himself/herself.

Accordingly, the defendant A damaged the property of others.

On July 12, 2017, Defendant B was sentenced to imprisonment for one year with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on July 12, 2017, and the judgment became final and conclusive on July 20, 2017.

On June 11, 2017, the Defendants are required from “H” operated by the Victim G (W, 52 years old) in Ulsan-gu, Ulsan-gu, U.S., Ulsan-gu, 01: 01:30 on June 11, 201 to demand the alcohol value from the damaged party, and the victim and the employees “to not keep.”

D. The noise was caused by approximately 40 minutes of sound, such as harming “.......”

As a result, the Defendants conspired with and by force interfered with the victim's main business.

Summary of Evidence

"2017 Highest 1590"

1. Defendant A’s legal statement

1. A written statement;

1. Photographs, etc. of damage scene;

1. A copy of the written estimate "2017 Highest 2655";

1. Defendants’ legal statement

1. A written statement;

1. A previous conviction in judgment: Inquiry into criminal records (the 92th page of investigation records), application of Acts and subordinate statutes to reporting a previous conviction in disposition (the 60th page of investigation records);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Damage to Defendant A’s property: Article 366 of the Act, interference with the choice of imprisonment: Article 314(1) and 30 of the Criminal Act, and the choice of imprisonment;

B. Articles 314(1) and 30 of the Criminal Code, Defendant B’s selection of fines

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A (referring to the part favorable to the following reasons for sentencing): Article 62(1)1 of the Criminal Act.

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