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(영문) 춘천지방법원 원주지원 2017.09.13 2017고단590
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 2, 2017, the Defendant: (a) was under the influence of alcohol in the “F” restaurant operated by the victim E, Gangwon-si, Gangwon-si; (b) caused the damage of the victim’s 800,000 won of the market price by gathering scopic disease, which is a dangerous object, without any justifiable reason, and continuously damaged the number of scopic disease owned by the victim; and (c) continued to collect scopic disease, which is an object dangerous to the front glass of the World Cup’s storage unit; and (d) caused the damage to the front glass of the instant cup’s 200,000 won of the market price.

2. The Defendant interfered with the business of the victim’s restaurant operation by force for about 20 minutes, such as destroying the property of the said victim as described in paragraph (1) at the time, place, and place indicated in paragraph (1) above, and viewing the side in the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case;

1. Relevant provisions of the Criminal Act and Articles 369(1), 366, Article 314(1) (a) (a point of interference with business), and the choice of fines for the crime (the following sentencing shall be considered in light of the circumstances in which the punishment is recorded);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has been punished for the same kind of crime, such as damage to property and obstruction of business, etc. on March 23, 2016, and on March 31, 2016, upon being sentenced to suspension of execution three years of imprisonment and observation of protection on the part of June, 2016, which became final and conclusive on March 31, 2016, during the suspension of execution, he/she committed property damage on December 20, 2016 during the suspension period, and was punished for a fine of KRW 5 million on December 20, 2016, and subsequently committed the instant crime again.

In light of the method and circumstances of the crime of this case, which caused the destruction of a dangerous object, the danger is not small.

The favorable circumstances:

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