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(영문) 수원지방법원 평택지원 2017.01.05 2016고단2648
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 26, 2016, at around 02:00, the Defendant: (a) damaged property; (b) caused damage to property; (c) caused damage to property; and (d) caused damage to customers outside the restaurant by raising two tables, which were located there, in the “AD restaurant” of the Victim AB, on the ground that employees’ attitude is not attributable to the mind; and (d) raising a stringer and a boom; and (e) having a boomer and a monitor in the cringer, the Defendant damaged property worth KRW 2,010,000, and caused customers to take a disturbance, such as paying time fees, etc., and caused customers to go outside the restaurant.

Accordingly, the defendant damaged the victim's property and interfered with the victim's restaurant business by force.

2. On November 26, 2016, at around 07:25, the Defendant: (a) obstructed the disturbance of the police station at Pyeongtaek-si Police Station, and the police officers who were arrested and detained in a flagrant offender for committing the crimes referred to in paragraph (1) at the 3 heading room of the detention room, which are located in the police station, at the center of Pyeongtaek-si, and the crime referred to in paragraph (1) at around 67, the Defendant: (b) obstructed the disturbance of the police station at a large interest; (c) taken a bath for “prising down, smelting it; (d) walking the toilet door of the detention room at several times; and (d) damaged the lid and the connecting part by walking the lid.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. AC and AE statements;

1. AD-related photographs and estimates;

1. Application of the Acts and subordinate statutes on shores damage and photographs;

1. Article 314 (1), Article 366, and Article 141 (1) of the Criminal Act (or choice of imprisonment) concerning the facts constituting an offense;

1. Determination on the application of the sentencing guidelines for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The scope of the recommendation of the sentencing guidelines for the reasons of sentencing under the lower limit: The crime in this case was committed even during the suspension period of execution for the same type of O crime in the mitigation area (i.e., January to August) (i., the suspension of execution), the defendant's duty was serious, and AD.

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