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(영문) 제주지방법원 2017.09.15 2016고단2983
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant of “F”, on September 23, 2016, 2016, went to the main point of “F” operated by the Victim E (W, 60 years of age) in Seocho-si on September 23, 2016, but the victimized Party would not sell the alcohol to the Defendant.

In rejection, the victim's property was damaged by removing one gate (one meter in width and two meters in length) installed in the fireproof room at the place where the fire was removed by hand.

"2017 Highest 182"

1. On October 29, 2016, the Defendant: (a) obstructed the victim’s restaurant operation by force, such as: (b) around October 22:28, 2016, at the “I” restaurant operated by G Victim H; (c) at the time of the daily and alcohol drinking; and (d) the victim was dissatisfied with the victim’s complaint that the victim could not be able to complete business hours; and (c) he/she interfered with the victim’s restaurant operation by force.

2. On November 30, 2016, the Defendant: (a) assaulted the victim’s face and body body to drink on the front of the “K main shop” located in the Jeju cityJ on November 30, 2016; and (b) assaulted the victim’s face and body to drink on the ground that the victim, while drinking alcohol together with L (47 years) who was a part of the society, had the female employee smoke.

Summary of Evidence

"2016 Highest 2983"

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of an event (damage to property) 2017 Highest 182;

1. Statement by the defendant in court;

1. Each police statement on M or L;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act (a point of interference with business), Article 260 (1) of the Criminal Act (a point of violence) and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Crimes falling under any one of the crimes of violence shall be the scope of the punishment recommended according to the sentencing criteria;

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