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A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case, the prosecution against the victim C is instituted.
Reasons
Punishment of the crime
On April 20, 2016, the Defendant was sentenced to imprisonment with prison labor for property damage, etc. at Daejeon District Court on July 16, 2017 and completed the execution of the sentence.
1. Around August 25, 2017, at around 21:15, the Defendant: (a) ordered the Victim F (51 tax) to engage in beer 2 Byung at the main point of “E” located in Gwangju Northern-gu, Gwangju-gu; (b) however, the Defendant stated that the victim would be ordered to do so by the basic metro New, “Choe, Chewing,” and assaulted the victim of the defect that the victim would be out of the raw materials of plastic, which were on the tables, toward the victim’s face.
2. Property damage (2017 Highest 3935) on August 27, 2017, the Defendant: (a) destroyed the vehicle by walking one waste pipe equivalent to KRW 30,000,000 in the market price, which is owned by the injured agricultural cooperative in front of the automatic withdrawal period, to the effect that the Defendant would not intend to collect cash through the automatic withdrawal machine in the area of the 165 YYYYYYYYYYYYYY 165, i.e., the right to collect cash in the area of the land.
3. 업무 방해 (2017 고단 3935) 피고인은 2017. 8. 27. 23:40 경부터 같은 날 23:50 경까지 전 남 장성군 G에 있는 피해자 H( 여, 49세) 이 운영하는 ‘I’ 주점에서 피해 자로부터 무시를 당했다는 이유로 “ 씨발 년 아 개 같은 년, 여기서 영업 못 하게 다 부숴 버릴까 ”라고 큰소리치고 맥주잔을 바닥에 집어 던져 깨뜨리는 등 소란을 피워 위력으로써 피해자의 주점 영업 업무를 방해하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Written statements of J and F;
1. Investigation report (to hear statements by a victim's telephone and attach CDs);
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report attached to personal confinement status);
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 314(1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment) concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Code, and Article 38.