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(영문) 서울남부지방법원 2016.07.15 2016고단2178
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 22, 2016, at the “D” convenience store operated by the victim C (V, 72 years of age) of Guro-gu Seoul Metropolitan Government on April 22, 2016, the Defendant damaged the entrance locking device so that the victim can walk the entrance by walking off and walking the entrance with hand so that the repair cost can be caused.

2. The Defendant interfered with the business of the victim’s convenience store business by force for about one hour, such as destroying the entrance locking system at the time, place, and avoiding disturbance, etc. after destroying the entrance locking system, thereby obstructing the victim’s convenience store business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as site photographs;

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 for each type of crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range)

(b) The scope of the final sentence due to the increase of multiple offenses, for which the basic area (from April to October) (no person subject to special sentencing) of Category 1 (Destruction of Property, etc.) is based on the general standard for the crimes of Category 2 (Destruction of Punishment): June to November 11;

2. A sentence shall be imposed on a defendant in light of the unfavorable circumstances, such as the fact that the defendant, who has been sentenced to a multiple times of punishment including a crime related to violence, committed the crime of this case at the same time despite the fact that he/she had been sentenced to several times of punishment for the same kind of crime, and did not completely recover from damage;

However, considering that the defendant's mistake is divided and reflected, the degree of damage is not serious, etc. in favor of him/her, and the defendant's age, sex is committed.

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