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(영문) 서울북부지방법원 2017.05.12 2017고단1155
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On August 21, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of obstructing the performance of special official duties by the Seoul Northern District Court, and the judgment became final and conclusive on August 29, 2015, and completed the execution of the sentence in the third intersection of the North Korean Branch on June 18, 2016.

[2] On March 19, 2017, the Defendant: (a) around 18:25, the restaurant operated by the victim D, the Defendant, who is the Defendant’s agent in Seongbuk-gu Seoul, on the grounds that the Defendant does not drink to the Defendant, who is under the influence of alcohol; (b) on the ground that the Defendant did not drink to the Defendant, who was eating on other tables, the Defendant “(b)” is a drink to the customers who were under the influence of alcohol.

The term "salvine" shall be filled with sound, and beer and beer in the air conditioning and beer in the air conditioning;

In TV, the screen of the liquid screen is broken by putting it on TV, shicker's disease at the same time as cryp and cryp, shicker's cryp, and shicker's cryp in the restaurant glass.

As a result, the Defendant interfered with the restaurant business of the victim by force between about 10 minutes, damaged TV equivalent to about 1.4 million won at the market price, which is the victim's ownership, damaged air conditioners and glass doors equivalent to about 300,000 won at the market price, and damaged a glass restaurant equivalent to about 270,000 won at the market price which is the victim's ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. A criminal investigation report, a written estimate and a criminal investigation report (report on telephone conversations of a victimD);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the date of release and attachment of the same military force judgment);

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. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are as follows: (a) the confession and reflect of the instant crime; (b) the instant crime appears to have been committed dynamicly while under the influence of alcohol by the Defendant; and (c) the victim is well-known.

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