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(영문) 서울중앙지방법원 2016.05.27 2016고단2281
특수재물손괴등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was dissatisfied with his treatment at the “D” restaurant operated by Jongno-gu Seoul Metropolitan Government Victim C (V, 59 years of age) as an employee for several months.

1. 특수 재물 손괴 피고인은 2016. 2. 3. 22:40 경 위 식당에서, 미리 준비한 위험한 물건인 횟 칼( 총 길이 38cm , 칼날 길이 24cm ) 을 손에 쥔 채 휘둘러 위 식당 앞에 놓여 있던 입간판과 현수막을 찢고, 계속하여 위 식당 안으로 들어가 벽에 붙어 있던 홍보지 및 아크릴 판을 손으로 뜯어 내 피해자 소유 재물을 시가 미상의 수리비가 들도록 손괴하였다.

2. The Defendant interfered with the duties of the Defendant, by force, interfered with the victim’s legitimate restaurant business by removing a standing signboard and banner in hand, breath, publicity paper, etc. as stated in paragraph 1 at the same time, at the same place as indicated in paragraph 1, and by causing customers who were in meals to get out of the place, thereby obstructing the victim’s legitimate restaurant business.

3. A special assault Defendant used a knife knife knife knife knife knife knife, which is a dangerous object, on the chest, and assaulted E with the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each photograph (Evidence of evidence and promotional materials damaged);

1. Articles 369(1) and 366 of the Criminal Act applicable to the facts constituting an offense, Article 314(1) of the Criminal Act (a point of interference with business) and Articles 261 and 260(1) of the Criminal Act (a point of special assault) of the same Act;

1. Selection of each sentence of imprisonment;

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 ( normal consideration considered as follows):

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act.

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