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(영문) 부산지방법원 2020.10.13 2020고단2963

재물손괴등

Text

A defendant shall be punished by imprisonment for four 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

1. On February 7, 2020, the Defendant damaged the victim’s property by leaving the rear door of the victim’s C k5 vehicle C k5 vehicle from hand and her seal on hand, without any special reason, at around 08:27, the Busan High Police Station located in Busan High-ro No. 111-gil, Busan High-gu, Busan High-ro, and by having the victim walked the rear end of the victim’s C k5 vehicle from hand, without any special reason, with a total of KRW 1,176,890.

2. The Defendant, at the time, at the place specified in Paragraph 1, and at the time, at the victim B (the age of 31) committed an assault against the victim with a defect in the Defendant’s act described in Paragraph 1, and by hand, with the victim’s hand, and assaulted the victim by getting the victim a lar

Summary of Evidence

1. Application of the written estimate of the police statement B to the defendant's legal statement, and the application of statutes;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

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

(a) Group 1 crime (determination of types) destruction and damage (determination of types) / [Class 1] destruction, damage, etc. of property [the scope of recommending area and recommending punishment] basic area, April to October of imprisonment;

(b) Class 2 crime (determination of types of violence) and violent crime [Class 1] general assault [Special B] mitigation element: Where the degree of assault is minor (type 1, 6, and 7] mitigation area (the scope of recommending area and recommendation range), imprisonment with labor for one month to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for four months to one year and two months (the upper limit of crimes No. 1).

3. The sentence of sentence is repeated by the defendant, the degree of assault is not serious, the mental illness of the defendant seems to have affected the crime of this case, and other age, character, conduct, environment, and crime of the defendant.