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(영문) 전주지방법원 2017.03.20 2016고단2216

재물손괴

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

Reasons

Punishment of the crime

[criminal records] On November 2, 2016, the Defendant was sentenced to a suspended sentence of two years, etc. at the Jeonju District Court for the crime of injury. The judgment became final and conclusive on January 28, 2017.

[2] On July 14, 2016, the Defendant: (a) 03:35 on July 14, 2016, while drinking a fake in the “D cafeteria” located in Yansan-gu, Yandong-si, with E, and, (b) f, had an employee engage in reflect and desire, and brought heavy water into the Republic of Korea; and (c) from F, “Ne young young.”

“A victim G (24) who was an employee during assaulting the horses, humping, tearing, handing, etc., he or she was assaulted by his or her son’s hand, etc. on one occasion on the floor of his or her hand, and on one occasion on two occasions on the part of his or her hand, he or she was blick, so he or she was blicked by his or her part on one occasion on the part of his or her hand.

The Defendant damaged the property equivalent to KRW 201,50 in the market price by cutting off the cell phone (name of the product) cited by the victim of the defect in order to use the cell phone as a mobile phone after the victim was abused by the Defendant in the above process, and cutting off the cell phone (name of Samsung Smart Pool) rapidly, and cutting off the floor on the floor, thereby impairing the liquid value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written estimate;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on investigation (the previous confirmation), and the application of the text of the judgment;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. There are many kinds of records of violence against the defendant with the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, including the following: (a) there is a high possibility of criticism in light of the circumstances leading to the crime; (b) the defendant recognizes and reflects the crime; (c) the amount of damage is not large; and (d) the victim and the victim agreed smoothly; and (e) the relation between the injury for which the judgment became final and conclusive and the latter concurrent crimes under Article 37 of the Criminal Act