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(영문) 서울동부지방법원 2017.03.21 2016고단4475
재물손괴
Text

Defendant shall be punished by a fine of three million won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 18, 2016, at around 23:20 on November 18, 2016, the Defendant maintained its utility by preventing the victim from taking a part in the studio studio, which was opened by the victim on the stairs of his place, on the ground that the victim shuts down his usual studio in the dwelling of the victim B and C of the second floor in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are the same criminal records related to the same violence among the accused, and the instant crime was committed during the suspension of the execution of imprisonment, and thus, there is a need for strict punishment.

However, in consideration of the fact that the degree of damage is relatively minor, and that confession and reflect are being made by any contingent crime under the influence of alcohol, a fine shall be imposed as per the disposition.

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