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(영문) 수원지방법원 2012.11.07 2012고단4439
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 22:00 on July 28, 2012, the Defendant damaged the victim’s property damage by entering a restaurant under the influence of alcohol, opening a cooling house, and cutting off 5 diseases in the beer, leaving 2 of the two soldiers on the floor, leaving the victim’s husband E to find the victim’s husband E, and leaving the victim “E anywhere, E, E, I will die,” and destroying water purifiers in the restaurant to remove the amount of unpaid repair costs.

2. The Defendant interfered with business, at the time and place specified in the above Paragraph (1) above, putting three customers on the name unreshing in the name and unreshing of drinking in the restaurant, putting them on a trial fee, putting them on “I Do Ga Ga Ga.” and placing them on the restaurant, and putting them out of the restaurant, and interfered with the victim’s restaurant business by force during about one hour from the above date to 23:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Articles 366 and 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 (Taking into account the reflection of gender, etc.);

1. Article 62-2 (1) of the Criminal Act regarding community service order;

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