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(영문) 인천지방법원 2018.02.21 2017고단9317

재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant who damaged property was driven on September 28, 2017 by the victim D (49 years old) without any justifiable reason, under the influence of alcohol in front of the C store located in Namdong-gu Incheon Metropolitan City, Nam-gu, Seoul around 02:40.

E In accordance with the left-hand door of the above vehicle, the property was damaged so that the amount of approximately 14 cm is clickly 30,000 won at the market price.

2. Whether or not the injured Defendant did harm to the Defendant at the time and place described in paragraph 1, as seen above, on the part of the Defendant.

In the case of "the face of the victim by hand at one time, the victim's face was exposed to a multi-faceted face of the victim requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports, including damage to property and other property, and investigation reports;

1. A written diagnosis of injury and written estimate;

1. The application of the statutes on photographs of damaged vehicles taken at the first place of occurrence, photographs of mobile phones taken by the first person on the damaged vehicle, photographs of damaged vehicles, and the provisions of the statutes on photographs of mobile phones used as a criminal tool at the time of damage to the suspect vehicle;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the punishment heavier than that heavier than that heavier (this two crimes));

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Class 1 (Destruction of Property) Crimes (Destruction of Property) [Determination of the territory of recommendation] Basic Field (Determination of Property Damage, etc.] [Scope of Recommendation] [The scope of punishment] from April to October - The elements of mitigation [general sentencing person]: Imminent reflectivity [whether suspended execution is suspended] - There is no effort to recover damage due to general consideration.