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(영문) 서울동부지방법원 2018.02.08 2017고단3235
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 17:10 on September 22, 2017, the Defendant damaged the victim’s 14,200 won of plastic chairs, which is the market price managed by the victim E, without any justifiable reason, at the front of the convenience store of Gangdong-gu Seoul Metropolitan Government C1 story D, Gangdong-gu, Seoul.

On September 8, 2017, from around 11:40 to 12:50 the same day, the Defendant interfered with the victim’s restaurant business by force by having the victim G (30) in Gangdong-gu Seoul, Gangdong-gu (30) under the influence of alcohol in front of the entrance of the H “H” restaurant where the victim G (30) in Gangdong-gu, Seoul (hereinafter “H”), who works as the manager, sees that he/she would be able to take a bath and drinking, and by preventing the customers from entering the said cafeteria by avoiding disturbance, such as having the chairs, from entering the said cafeteria, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

"2017 Highest 3235"

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (Investigation into Estimated products of damage) 2017 Colonel 3693;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to Table 112 for Report Processing);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the final sentence according to multiple aggravated crimes in the basic area (i.e., April to October) of the first type of crime (damage) [the scope of the punishment] of the basic area (damage to June to June) of the first type of crime (damage to June or June): The range of the punishment subject to the first type of crime subject to the sentencing criteria: the final sentence subject to the second class of crimes subject to the first type of crimes subject to the second type of crimes (damage to June or June): June to January 11 [Pronouncement Decision] disadvantageous under the above favorable circumstances, such as the fact that the number of records subject to the punishment for the same kind of crime may be possible: The extent of the punishment subject to the above favorable circumstances, such as the fact that the degree of damage is not much serious: the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be considered.

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