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(영문) 대전지방법원 2017.03.08 2016고단4149
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 26, 2012, the Defendant was sentenced to three years of imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Daejeon District Court on April 26, 2012, and completed the execution of the sentence in the Daejeon Prison on March 12, 2015.

Criminal facts

1. On November 8, 2016, around 23:30 on November 23, 2016, the Defendant damaged the victim’s remaining cafeteria in the “E” restaurant operated by the victim D, Seo-gu Daejeon, Seo-gu, Daejeon, so that the victim’s remaining kin may not be packed.

2. The Defendant: (a) obstructed the victim D’s restaurant business by force for approximately 30 minutes, such as: (b) the time and place specified in paragraph (1), and where the Defendant: (c) obstructed customers who want to enter the said restaurant, such as cutting the table table and the chair; and (d) placing the water booms to customers; and (c) preventing them from entering the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and G;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (applicable to rulings related to repeated crimes and data verifying expropriation);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Circumstances unfavorable to the sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: A person again commits the instant crime during the period of repeated crimes; circumstances that have been favorable to the fact that the previous offense and the past record of violent crimes, other than the past record of sentence committed by a crime, have been agreed with the victim; and the decision of the sentence that confessions and reflects: The above circumstances differ from others, such as the defendant's age, sex, environment, motive, means and consequence of a crime; various sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, shall be considered;

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