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(영문) 수원지방법원 안산지원 2019.08.22 2019고단1307
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On November 24, 2017, the Defendant sentenced the Suwon District Court to one year and six months of imprisonment for the crime of interference with business, etc., and completed the execution of the sentence on October 27, 2018.

【Criminal Facts】

1. On March 25, 2019, the Defendant insultd the victim openly by stating that “A” located in Ansan-gu, Ansan-gu, the 51-year-old, which was operated by the victim B (here, 51) was not sold to the victim, and the said victim’s listens to the said situation, which read the victim’s view that “Is the victim’s view that Is the victim would be Chewing or satisfying in a billiard-gu,” and that “Is the victim’s view.”

2. Around 00:30 on March 30, 2019, the Defendant assaulted the victim on one occasion at the victim H (the age of 22) who was verbally aware that he danced with “F” the front on the road in the Ma-gu, Ansan-si, Ansan-si, Ansan-si.

3. On March 30, 2019, the Defendant: (a) requested the victim J to pay the debt to the victim before K, which was operated by the victim J in Ansan-si, Ansan-si; (b) however, the victim refused to do so; and (c) caused the loss of the entrance so that the 30,000 won of the repair cost would go to the above restaurant entrance; and (d) caused the damage to its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and J;

1. A written statement B and L;

1. B accusation;

1. Other relevant photographs, damaged part photographs, and CCTV photographs;

1. Previous convictions indicated in judgment: Investigation reports (verification of the expiration of the term of punishment for a suspect), criminal records, and application of Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act, the choice of punishment against the crime, Article 311 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime are as follows: (a) the sentencing period under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act; and (b) the period after the crime.

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