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(영문) 울산지방법원 2015.04.16 2015고단549
재물손괴
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on January 2, 2015, the Defendant: (a) entered the entrance of the “E” restaurant operated by the victim D (hereinafter referred to as “E”) located in Ulsanbuk-gu, Ulsan-gu; (b) entered the said restaurant before that; (c) went out of the said restaurant upon the victim’s demand that the customer be ped up and ped up the pedal; and (d) entered the said restaurant again; (b) however, the Defendant: (c) opened the above entrance to prevent the Defendant from entering the restaurant; (d) opened the entrance; and (e) destroyed the entrance door glass (70cm x 200cm x x 200cm m) by exposing the glass of the entrance, thereby damaging the repair cost of KRW 385,00.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant frequently committed a crime such as assault, damage of property, obstruction of business, etc. under the influence of alcohol, and the same criminal power has already been more than 10 times but it again led to the instant crime, so serious punishment is inevitable.

However, the Defendant, immediately after the instant crime was committed, is a medical doctor called “the Matern Maternack-gun” from February 2, 2015, and is trying to eliminate the fundamental cause of the instant crime, such as receiving hospital treatment by hospitaling in the National Rice Hospital. The instant case is detained, and thus, the Defendant’s mistake is divided during the period of detention, and the victim is not subject to the Defendant’s punishment, and the sentence is determined as ordered by agreement with the victim, taking into account the fact that the victim is not subject to the Defendant’s punishment.

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