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(영문) 인천지방법원 2018.07.26 2018고단4608
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On June 1, 2016, the Defendant was sentenced to eight months of imprisonment due to interference with business by the Incheon District Court (the appellate court after remanding the case), and on October 4, 2015, the Incheon Detention House completed the execution of the sentence upon revocation of detention.

"2018 Highest 4608"

1. On February 8, 2018, around 02:05, at the “K” drinking house operated by the victim J in Seo-gu Incheon, Seo-gu, Incheon, the Defendant: (a) told the Defendant to the effect that “a business operation has been terminated; (b)” was changed; (c) thereby debrising the beer and alcohol disease on the market price on the table; and (d) by debrising the beer and alcohol into so that the instant sofaculation would amount to 300,000 won at the market price.

"2018 Highest 4914"

2. On June 10, 2018, around 22:35, the Defendant: (a) ordered the Defendant’s drinking at “O” restaurant operated by Yeonsu-gu Incheon, Yeonsu-gu, Incheon, for about 20 minutes, on the ground that the Defendant was able to have the Defendant returned home, but the victim was able to do so; and (b) for about 20 minutes, the Defendant: “Isk the drinking here at night.”

“Along with the large interest of “,” it interfered with the business of the victim’s restaurant by force, such as cutting the glass cup in the floor of the beer branch in which the instant area was located.

Summary of Evidence

[Judgment 1] Facts / [2018 Highest 4608]

1. Statement by the defendant in court;

1. Written Statement;

1. Two facts as indicated in the letter of on-site photographs and the estimate of damage [2018 highest 4914]

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

1. Previous records before holding on-site photographs: Inquiry about criminal history, reporting on investigation (verification of repeated crimes), and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The mitigation area (one month to eight months) (special mitigation) is the mitigated area (one month) for the reason for sentencing Article 37 (former part), Article 38 (1) 2, Article 50 of the Criminal Act, and Article 1 of the Reasons for Sentencing (Interference with Business) (the scope of recommended punishment).

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