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(영문) 서울서부지방법원 2017.08.23 2017고단335
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 27, 2017, the Defendant: (a) around 20:15, around 2017, the 2017 Highest 335 Defendant: (b) opened a restaurant for “E” managed by the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul; (c) opened three glass bars from the cafeteria floor and walls to the cafeteria without any justifiable reason, thereby destroying the victim’s market price of at least 10,00 won; and (d) obstructed the victim’s restaurant business by force.

around 19:10 on March 28, 2017, the Defendant damaged the entrance door glass of KRW 200,000 at the victim’s market price owned by the Defendant on the ground that he/she was under the influence of alcohol and was denied access at the entrance of the “H” restaurant for the operation of Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

"2017 Highest 335"

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Destroyed display photographs " 2017 Highest 983";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Articles 366 and 314 (1) of the Criminal Act and the choice of imprisonment with prison labor for each crime under the applicable provisions of the Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection and observation that the degree of damage on the grounds of sentencing is not somewhat weak, and that the defendant committed each of the crimes of this case at issue immediately after the lapse of the suspension period and immediately after the suspension period, without being aware of the fact that the court was sentenced to a two-year suspended sentence due to forced indecent act in February 17, 2016 by this court.

On the other hand, the defendant has recovered from the damage of this case and agreed smoothly with the victims, and the defendant has been receiving mental treatment since 95 years due to the flive disorder, and is hospitalized.

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