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(영문) 인천지방법원 부천지원 2018.06.28 2018고단750
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 23, 2018, the Defendant: (a) under the influence of alcohol at a “D” restaurant operated by the victim C in Bupyeong-si B on February 23, 2018, the Defendant destroyed the damage by putting the table table on the floor the victim’s market value at a large amount of KRW 60,000,000, which was located in that place; and (b) destroying the victim’s market value at a level of KRW 30,00,000,000.

2. The Defendant interfered with the duties of the Defendant, under the influence of alcohol at a time, at the same time, at a place as mentioned in the foregoing paragraph (1) and without any justifiable reason, interfered with the victim C’s restaurant business by force for about 10 minutes by avoiding disturbances, such as setting the table B B, setting the chair on the floor, and cutting the chair on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of investigation reports (verification of the amount of damaged articles), investigation reports (on-site CCTV investigations), and statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes - Reasons for sentencing under Article 38(1)2, and Article 50 of the same Act - The defendant is erroneous and contradictory to the defendant, and the defendant, upon the solicitation of his/her counsel, made a statement of anti-discrimination every day from the day

The damage is somewhat minor, the damage is repaid to the victim C, and the above victim is fully agreed with.

The defendant is going to attend a mental medical clinic and is receiving counseling treatment, and he has continued to be in the future.

(2) the Corporation.

- Unfavorable circumstances: the Defendant has been punished 37 times in total due to violent crimes, such as assault, bodily injury, damage, disturbance of duties, interference with the performance of official duties, etc.

If only the criminal records subject to punishment due to damage to property and interference with business and the criminal records subject to suspended execution are specified, the defendant shall be punished on June 21, 2005 as a violation of the Punishment of Violences, etc. Act (at night and joint damage).

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