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(영문) 창원지방법원 마산지원 2018.03.22 2018고단43

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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 7, 2017, the Defendant: (a) while drinking alcohol at an OOO sing shop located in Changwon-si, Changwon-si; (b) on September 23:12, 2017, the Defendant: C (60) is a customer who was on another table, and C (60) is a bottle, which is a dangerous object in the table, in which the victim’s left eye part of the victim’s body is hacked once with a knife and knife the victim’s knife with a knife and knife the victim’s knife; and (c) is a beer’s disease, which is a dangerous object in the cooling.

In other words, the number of the victim was lowered once by her hand.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, such as typology, typology, diagnosis, etc., which requires approximately two weeks of treatment.

2. The Defendant damaged property at the same time and place as Paragraph 1, by exposing the air conditioning stations and the doors of the said main points, thereby destroying the air conditioning and glass doors equivalent to KRW 180,000 at the market price owned by the victim D, which is the owner of the next main points.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes on medical certificates and acceptance receipts;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with heavy special injury (within the scope of the sum of the long-term punishments of the above two crimes)];

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Articles 55 and 55(1)3 of the Criminal Act (see, e., the fact that the degree of damage suffered by the victims is relatively small due to a defendant's crime; the fact that the

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is led to a crime, the fact that the defendant has not committed the same kind of crime for about 25 years, and the victims have expressed their intent not to punish

1. The Act on the Observation of Protection, etc. of Social Service Order under Article 62-2 of the Criminal Act;