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(영문) 서울동부지방법원 2018.05.25 2018고단89
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to stimulative disorder, etc.:

On December 14, 2017, at around 07:20, the Defendant received a claim from the victim G (22) who is an employee of Gwangjin-gu Seoul Special Metropolitan City D victim E to the effect that the Defendant would smoke into the convenience store and voluntarily refrain from smoking. On December 14, 2017, the Defendant immediately followed G to the convenience store, and caused the customers to leave from the place, such as: (a) intending to take a smoke into the convenience store; and (b) intending to take the desire to “Choe fe fero” into the convenience store; and (c) 10,000 won of the total market value displayed at the place was collected; and (d) her hand, he/she made a single time at G’s buck.

Accordingly, the Defendant interfered with the convenience store business of the victim E by force, damaged the victim E-owned property, and assaulted the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A criminal investigation report (STV image verification);

1. Application of the Acts and subordinate statutes on photographs and CCTV images CDs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business), Article 260 (1) of the Criminal Act (a point of violence) and the choice of imprisonment with prison labor;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Application of the sentencing criteria;

(a) Crimes No. 1 (Interference with Business Affairs) (Scope of Recommendation) (Interference with Business Affairs) is limited to Category 1 (Interference with Business Affairs) (Special Mitigation Zone) (~8 months) (Special Sentencing Person), but is not limited to mental or physical penalty;

B. Where the degree of assault is minor in the area of special mitigation (~8 months) (special sentencing factors) of Category 2 Crimes (Assaults Scope of Recommendation) (Crime of Violence) (Crime of Violence) (Crime of Assaults Scope of Recommendation)

(c) 3 offences (property damage).

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