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(영문) 서울남부지방법원 2017.05.24 2017고단223
재물손괴등
Text

Defendants shall be punished by imprisonment for six months.

However, it is against the Defendants for two years from the date of the final conclusion of the judgment.

Reasons

Punishment of the crime

On December 18, 2016, at around 22:30 on December 18, 2016, Defendants were to drink the alcohol at the victim D’s house operated by Geumcheon-gu Seoul Metropolitan Government, on the ground that it was unknown. Defendant A was able to have a fluort the Defendant B, who was on a wooden table, fluorddled on the wooden table, and fluort the bed, by cutting the bed, the bed and the bed down on the upper end of the table by cutting the bed and the bed, and Defendant B was able to have the body of each other, and fightd with a large sound, such as at the time of the back of the Defendant A’s left end.

Accordingly, for about 30 minutes, the Defendants interfered with the duty of care of the victimized person by force for about 30 minutes, and Defendant A damaged the table, table, beer, beer, etc., the victim owned by the victim so that the amount equivalent to KRW 220,00.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Application of on-site photographs and receipt Acts and subordinate statutes;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 314(1) of the Criminal Act (the point of obstructing business operation) Defendant A: Article 366 of the Criminal Act (the point of destroying property);

1. Imprisonment with prison labor for choice of punishment;

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of protection observation, attending lectures and community service order: The Defendants’ criminal records of sentencing under Article 62-2 of the Criminal Act, and the Defendants’ refusal to conduct an investigation under the influence of alcohol, and rather accused police officers.

Considering the fact that the circumstances immediately after the commission of the crime, such as running running, etc., are inferior, it is necessary to put the Defendants into a strict punishment. However, in this court, it appears that the Defendants have led to the confession and reflect of the crime, Defendant A has no record of criminal punishment as well as the fine once for the last ten years, Defendant B has compensated for the damage, and the victim does not want the punishment of the Defendants, etc., the punishment as set forth in the disposition shall be determined as per Disposition.

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