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(영문) 인천지방법원 2017.09.22 2017고단5645
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Intimidation;

A. On June 6, 2017, the Defendant had worked for 10 days at the adjoining land of around 17:00

A daily economic B business owner who made a phone call to the victim D (e.g., 55 years old) who is the wife of C for the reason that C does not pay wages, and "C will spread salted acid".

“Intimidating the victim”, the victim was threatened.

B. The Defendant, at around 08:30 on June 8, 2017, phone calls from the victim C (55) for the foregoing reasons, and throw away the Defendant from the gasoline office.

“The victim threatened” and the victim.

2. On June 8, 2017, at around 08:38, the Defendant: (a) destroyed the repair cost of KRW 200,00,00 by using bricks, which are dangerous objects in the surrounding area, as seen above, in a daily economy B, operated by the victim C, which are operated by the victim C, for the foregoing reasons; (b) destroyed the repair cost of KRW 200,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000 won

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (investigation of weather conditions at the scene, hearing of statements from victims C phone);

1. Recording recording recording recording recording;

1. Application of field and photographs of damage, and Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Articles 369(1) and 366 of the Criminal Act (the point of destruction of special property), and the choice of imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as prescribed for the crime of destroying any special property with the largest punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria shall be based on;

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