logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.01.24 2017고단2352
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 August 6, 2017, at around 02:15, the Defendant damaged a d'D' for the operation of the Victim C (Y, 58 years old) located in Seopoposi-si B (hereinafter referred to as "D' for the operation of the 58 years old-old) to take a bath to the Defendant without any justifiable reason while drinking together with the Defendant’s daily activities, and then damages the design of the table to be 200,000 won for repair by following the table table in the place, and continuously destroying it by continuing to be 10,000 won for the micro and market price of 80,000 won for the micro and market price of 10,000 won for the market price, and 6,000 won for the market price, respectively.

2. A special intimidation: (a) the Defendant reported the Defendant to avoid disturbance at the time, place, such as the date, time, etc. mentioned in paragraph (1) at the same time and place; and (b) thereby threatening the victims by threatening the Defendant to “be dead” by driving away the victim E (the 51 year old), who is an employee, and by carrying a stringer’s disease, and by threatening the victims to “be dead.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 stay of execution (the execution of a sentence shall be suspended in consideration of the reflection of the sentence and the agreement between the victims, etc.; however, since the defendant's past criminal records and the circumstances of his/her principal crime are likely to repeat crimes, etc., protection observation and community service order shall be imposed as the order);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

arrow