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(영문) 수원지방법원 2016.09.08 2016고단3939
재물손괴등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 17, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. at the Suwon District Court on July 17, 2014, and completed the execution of the sentence in a female prison on December 18, 2014.

【Criminal Facts】

1. On July 2, 2016, at around 07:00, the Defendant: (a) divided the conversations with F, a workplace club fee, from E operated by the victim D in Suwon-si, Suwon-si, Suwon-si; (b) divided into E, without any reason, the victim D, without any reason, and damaged the property equivalent to KRW 2,136,160, which is the victim’s possession, by diversing the ice machine equivalent to KRW 1,301,30 of the market price above; and (c) divers off the ice 2,130,160, which is the victim’s possession.

The Defendant continued to damage the said car to the extent that it is impossible to know the repair cost, such as, without any justifiable reason, the victim G owner of the victim G in front of the road, gathering the container and breaking the container, and making it defective in the fence and pan part.

2. The Defendant interfered with the operation of the victim D’s carpets by force for about 10 minutes by destroying the property and avoiding the disturbance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Photographs of details of damaged articles;

1. Investigation report (the details of damaged goods of a victim);

1. A report on internal investigation (a ground for additional recognition of interference with business);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports, application of Acts and subordinate statutes concerning the status of personal confinement;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of punishment for the crime, Articles 366 of the Criminal Act, Articles 314 (1) of the Criminal Act, and the choice of imprisonment;

1. The reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders shall be as follows: the defendant shall keep the disturbance from the car page and operate the car page.

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