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(영문) 의정부지방법원고양지원 2020.09.08 2020고합147
재물손괴치상등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a guest who drinks alcoholic beverages to D in the Goyang-dong-gu Busan Metropolitan City, Mangyeong-si, and is a victim E (V, 19 years of age) and victim F (V, 19 years of age) as well as a man-person relationship with B, and the victim G (V, 38 years of age) is a man-person relationship with B. The victim G (V, 38 years of age) is a man-person with the above main point.

1. Around 02:01 on April 9, 2020, the Defendant offered to the victims E and the victims F, who were drinking alcohol at the above main point, and the victims refused to do so. However, the Defendant: (a) 02:01, while drinking alcohol at the above main point, proposed to the victim E and the victims who were drinking alcohol at the above main point; (b) as the victims refused to do so, the victims were the soldiers of the victims on the market price of the foregoing table; and (c) then, the Defendant landed the above table to the victims.

As a result, the defendant damaged the victims' property, thereby resulting in the victim E suffering from the elbow joints of the treatment days, and the victim F suffered from the undeveloped right finger in the treatment days.

2. 업무방해 피고인은 제1항의 일시, 장소에서 제1항과 같이 소주병을 깨뜨리며 행패를 부리고, 위 주점의 종업원인 I가 피고인을 제지하자 “우리가 뭘 잘못했냐, 씨발”이라고 욕설을 하며 약 10분 동안 소란을 피웠다.

Accordingly, the defendant interfered with the management of the victim G's main points by force.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police suspect interrogation protocol E, F, G respective statements and written confirmations of investigation process (Evidence List Nos. 12,13), investigation report (Evidence Nos. 6, 14, 17, 18, 22) (Evidence List No. 6, 17, 18, and 22) to the defendant's legal statement No. 112, such as receipts of medical expenses for handling the case No. 112 report, external medical records, etc., photo of damaged parts,

1. Relevant provisions of the Criminal Act and Articles 368(2) and 366 of the Criminal Act concerning the crime and the choice of punishment, respectively, and Article 314(1) of the Criminal Act (the point of interference with business and the choice of imprisonment).

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