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(영문) 서울중앙지방법원 2015.11.06 2015고단4985
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around June 3, 2015, the Defendant: (a) 01:35 on June 3, 2015, the Special Destruction and Special Intimidation (hereinafter “Special Intimidation”) operated by the victim D (Woo, 54 years old) located in Jung-gu Seoul, Jung-gu, Seoul; (b) 2nd floor of the “E entertainment drinking club”, which was put on the wall and damaged the wall, which is a dangerous object without any justifiable reason; and (c) citing the victim of the horse, the Defendant threatened the victim, who was a dangerous object.

2. The Defendant interfered with the business of the victim by force, by putting beer disease for about 15 minutes at the same time and at the same place as the above 1.3 times, and preventing a disturbance from carrying out normal main business by means of avoiding disturbance, thereby obstructing the victim’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on site photographic materials;

1. Relevant Articles 369 and 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, the choice of imprisonment for a crime, the choice of punishment

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 (including the reflection of a suspended sentence, the fact that any contingent crime is committed, and the fact that only the victim has agreed to do so);

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