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(영문) 부산지방법원 2018.03.16 2017고단3070
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

On May 26, 2017, the Defendant: (a) stated that the victim E (51 years of age and women) who is the owner of the business within the “Dsing room”, which is located underground of the building located under the building located under the Busan So-gu Office C, was able to shoulder himself/herself; (b) stated that “Csing the table “Sing amb............................, the Defendant was obstructed the victim’s entertainment business over about 15 minutes by force by taking advantage of his/her table, her hand, her hand, and her glass on the floor and wall of the market where her chairs and the table were placed on the wall, and by preventing him/her from entering the said building, the Defendant interfered with the victim’s entertainment business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of the Act and subordinate statutes on the 112 Report of Investigation Report (2) and each photograph/cinematographic output, and the 112 Report of Case Handling;

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act that provides for the choice of punishment for the facts constituting an offense ( punished by 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. The scope of the final sentence pursuant to the sentencing of Article 62(1) of the Criminal Act for the reasons for sentencing of Article 62(1) of the Act on the Suspension of Execution is as follows: One month or 11 months [the scope of the punishment recommended] within the scope of the above final sentence in accordance with the sentencing guidelines [the scope of the punishment]; one month or 8 months [the period of the punishment [the person subject to special mitigation] [including the person subject to serious efforts to recover damage]; one month or 6 months]; the area of the punishment (including the person subject to special mitigation) [the person subject to special mitigation] and the area of the punishment (including the person subject to serious efforts to recover damage]; the extent that the defendant's prior conviction or violence was not damaged; the period of the punishment is not the 15th portion; but the defendant's previous conviction did not exceed the extent that the defendant's business was damaged as a result of the crime in this case; and the extent that the defendant's business was damaged; and the extent of the damage did not exceed the period of the previous conviction.

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