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(영문) 서울서부지방법원 2016.07.15 2016고정565
재물손괴등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On December 22, 2015, the Defendant damaged the property by destroying the victim D’s “E” operated by the victim D in the Seodaemun-gu Seoul Metropolitan City, Seodaemun-gu, Seoul, around December 22, 2015, in which the Defendant destroyed the Defendant’s physical fighting in a narrow store due to the name and influences with customers and scamblings, which was on his/her table (the market price is equivalent to KRW 150,00) and his/her house fixtures, etc. on the floor.

2. Around December 22, 2015, the Defendant obstructed the victim’s restaurant business by force for about 20 minutes, by pointing out the victim’s desire to make compensation in the above E, and preventing customers from entering the restaurant business by neglecting the victim’s failure, such as the victim’s refusal to demand compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a investigative report (report on confirmation of the degree of damage to damaged property);

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and selection of each fine for the crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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