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(영문) 수원지방법원 안양지원 2017.08.18 2017고단358
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 20, 2016, the Defendant damaged property: (a) in the “E cafeteria” operated by the victim D (54 taxes) located in Ansan-si, Annyang-si, Annyang-si; (b) on the ground that there was a dispute between women’s child-friendliness and drinking, the Defendant: (c) shouldered the tables installed at the relevant place to the head of the gate, filled up the gate, plug, plug, etc.; and (d) filled up the tables to the head of the gate; and (c) filled up the strings installed on the table by cutting off the tables with drinking; and (d) laid gas burners on the floor.

Accordingly, the defendant damaged the 760,000,000 won of the market price of the victim, which is 760,000 won.

2. The injured Defendant: (a) at the same date and time as mentioned in the foregoing paragraph 1, and at the same place, the victim D prevented the Defendant from acting, intending to close the entrance by putting the Defendant out of the above restaurant; (b) shouldered the victim’s left spacking the victim’s spacking away from the entrance; (c) breaking the victim’s body out of the entrance; and (d) breaking the victim’s body out of the entrance; and (e) harming the victim’s face face that requires approximately two weeks of treatment by walking the victim several times.

3. The Defendant interfered with the business of the victim D’s restaurant business by force by avoiding a disturbance for about 10 minutes, at the time, at the same time, at a place as described in the above paragraph 1, such as cutting the tables, and cutting the booms, etc., as described in the above paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Investigation report (the analysis, etc. of CCTV images inside the E cafeteria), investigation report (the submission, etc. of additional medical certificates and estimates), investigation report (the report on the assault inside the E cafeteria and the confirmation of CCTV images in the E cafeteria);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act (a point of harm), Article 314 (1) of the Criminal Act (a point of interference with business), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the suspension of execution (The following sentencing is considered as favorable to the Supreme Court).

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