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(영문) 춘천지방법원 속초지원 2015.09.23 2015고단290
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapon, etc.) in the early branch of the Chuncheon District Court on July 16, 2014, and was sentenced to two years of suspended execution on July 24, 2014, which became final and conclusive on July 24, 2014.

【Criminal Facts】

On June 7, 2015, the Defendant: (a) around around 19:30 on June 19, 2015, the Defendant saw that the victim C (n, 51 years of age) at D cafeteria operated by Gangwon Yangyang-gun, told the victim to smoke from the Plaintiff; (b) the Defendant collected plastic materials so that the victim was boomed on the table, and collected the string of plastic materials, thereby cutting the 5th floor of the market value owned by the victim into the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 110 to 20 minutes of the 20th of the string of the string of the 20 minutes.

Accordingly, the defendant damaged the victim's property and interfered with the victim's restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders: A condition in which sentence of imprisonment is inevitable for the purpose of severe warning and prevention of recidivism in light of the fact that there are many previous and several persons including two times of a suspended sentence, that the instant crime was committed without being aware of during the same suspended sentence period, and that the degree of interference with business of the Defendant is serious:

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