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(영문) 부산지방법원 2017.03.23 2016고단4342
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2016 Highest 4342] On July 18, 2016, the Defendant destroyed the repair cost of KRW 2,272,466 on the basis of the following reasons: (a) the Defendant: (b) while engaging in a sudden dispute with the driver’s license in Busan L/C around July 23:35, 2016; (c) M/W and R/Wick, which was a dangerous object used by his/her hand for the reason that the instant accident occurred; and (d) the part owned by the victim D, which was parked in the said area, was cut down on several occasions; and (d) the repair cost of KRW 2,272,466 is damaged.

[2016 Highest 5925]

1. A special intimidation: (a) around 13:50 on September 6, 2016, the Defendant drinking alcohol from “G” located in “G” located in “G,” Busan, and returned to approximately 30 minutes after drinking alcohol; and (b) the victim H, who is an employee, was unable to perform the alcohol and alcohol on the Defendant’s job.

The defendant, "I am yle to the victim,"

It stated that the inside of the inside of the live-path-path-path-path-path-path-pathn was "," and the victim was able to suffer harm and injury to the body of the victim after breaking the beer-path-path-path-path-path-path-path-

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. On September 6, 2016, at around 13:50, the Defendant: (a) obstructed the victim’s main business by force by avoiding disturbance for about 10 minutes, such as: (b) threatening the said employee and the customers on other tables to escape; and (c) threatening them to escape, thereby obstructing the victim’s main business.

Summary of Evidence

[2016 Highest 4342]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (on-site conditions, etc.), photographs of damaged vehicles and criminal tools, and investigation reports (Attachment to a written estimate);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of statutes on site photographs;

1. Article 369(1) and Article 366 of the Criminal Act regarding criminal facts (a point of destruction of special property), Articles 284 and 283(1) of the Criminal Act (a point of special intimidation) of the Criminal Act, and Article 314 of the Criminal Act.

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