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(영문) 부산지방법원 2020.11.18 2020고단3440
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant had been dissatisfied with the victim on the ground that the frily purchased at around September 2019 through the victim was not in good quality of the salted fish, with the victim B (the age of 56) and about four years prior to his knowledge, and the frily purchased at around September 2019.

1. Around 20:00 on November 27, 2019, the Defendant insultd the victim openly by repeatedly taking a bath to the victim, “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY ACTSYYYYYYYYYY

2. In the same time and place as set forth in paragraph 1, the Defendant caused special injury and damage to property: (a) collected spawn disease, which is a dangerous object in the table, to the victim; (b) continuously collected spawn as a dangerous object, spawned spawn, spawned spawn, and so on; and (c) destroyed a spawn spawn that requires treatment for about 14 days to the victim; and (d) destroyed a spawn spawn that was corrected by the correction of the market value of KRW 300,000.

3. At the same time and place as Paragraph 1, the Defendant obstructed the victim’s restaurant business by avoiding disturbance for about 25 minutes in the above way, and by force.

Summary of Evidence

1. Application of Acts and subordinate statutes to police statements, internal photographs of the police branch on the defendant's legal statement B, diagnosis reports on injuries on the upper part of the police branch, investigation reports (the counter investigation of witness D), investigation reports (the photo of destruction and damage of property);

1. Relevant legal provisions concerning criminal facts, Articles 258-2 (1), 257 (1) (a) and 257 (1) of the Criminal Act, Article 311 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for a crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendations according to the sentencing criteria;

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