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(영문) 서울동부지방법원 2017.11.24 2017고단3196
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 10, 2017, at around 01:50, the Defendant: (a) went under the influence of alcohol in the frequency of “E” operated by the victim D (44 ) located in Gwangjin-gu Seoul Special Metropolitan City; and (b) the victim demanded for the closure of business hours; (c) the victim and his/her employees; (d) the victim and his/her employees expressed a desire to do so; and (e) the victim and his/her employees expressed a bath to the victim and his/her employees; and (e) the victim and his/her employees followed the tables located in the relevant area by biffing the tables, thereby damaging the property equivalent to KRW 50,00 in total at the market price.

2. On October 10, 2017, around 04:20, the Defendant damaged public goods: (a) was arrested and detained in flagrant offender for the same criminal facts as the above-mentioned paragraph (1) at the detention room of the Seoul Gwangjin-gu Police Station located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, for the same day from around 11:15 on the same day to around 15:50 on the same day; (b) had the entrance door of the above detention room displayed several times from around 15:50 on the same day; (c) opened the toilet window in the detention room in two hands; and (d) removed a lid lid in hand, and damaged goods used by public offices, such as the number of pages attached to the wall after the removal.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D and F;

1. A report on investigation, and each investigation report (a CCTV image of a detention room);

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act that selects a punishment ( point of damage to property), Article 141 (1) of the Criminal Act ( point of damage to public property) and choice of imprisonment, respectively;

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 of the community service order;

1. Two types of crimes (damages) for which the basic area (from June to one year and six months) (any person subject to special sentencing) is nonexistent) of the scope of the recommended punishment according to the sentencing guidelines for the sentencing guidelines for the following crimes: (a) the scope of the recommended punishment [the scope of the recommended punishment] shall be one type of general standards (damage, etc.).

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