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(영문) 춘천지방법원 2016.06.23 2015고단1268
재물손괴등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 23, 2015, the Defendant damaged the property at the “E” restaurant operated by the victim D, Hongcheon-gun, Hongcheon-gun, Gyeongcheon-gun on September 23, 2015, and without any justifiable reason, damaged the property in an estimated estimate by walking the air condition and harmony owned by the victim.

2. On October 1, 2015, from around 18:10 to around 18:55 on the same day, the Defendant: (a) sought an agreement on the case of damage to the said property in the said “E restaurant; (b) continued to hold the customer in the said restaurant with his/her hands over without any justifiable reason, and (c) made the victim a disturbance, such as “Ispath of this opening, two years, and soon, Ispath, Ispath, Ispath,” and “Ispath, Ispath, Ispath,” thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F and G;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes (the 10,11th page of investigation records) / On-site photographs (the possibility that the accused was slicker at the time of committing the crime, but the damaged air conditioners may not be strong, if known by field photographs, and the damaged air conditioners may not be strong, and the damaged slicker may be sufficiently shouldered even if the thickness of the damaged slicker walked by slicking);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following factors of sentencing and other favorable circumstances that consider the defendant's age, sex, environment, etc.: Insignificant damages; in agreement with the victim, the injured person does not want to be punished against the defendant;

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