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(영문) 부산지방법원 2018.06.14 2017고단5794

특수재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 13, 2017, the Defendant: (a) attempted to resist the victim’s “Esing” of the victim’s D operation in Busan Franchiscis C; (b) on the ground that the victim’s “Escising” had reached a large amount of drinking value before, but was not engaged in his/her shop business; (c) destroyed the victim’s standing signboards with a knife blade (6cm in length and 15cm in total length) for a dangerous object, which is a dangerous object, to the effect that the victim’s standing signboards are teared.

2. The defendant 1. The date, time, place, and place described in the above paragraph 1. The defendant 1. The victim F (PP) who sought the defendant's act had the power or force to the shoulder without any justifiable reason;

D. N. L. L. means the body "," and assaulted as the body of the victim once a year, with a knife for the existence of dangerous things, such as the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to D or F;

1. Application of the police seizure protocol statutes;

1. Article 369(1) and Article 366 of the Criminal Act applicable to the facts constituting an offense (a point of special assault) and Articles 261 and 260(1) of the Criminal Act (a point of special assault);

1. Selection of each sentence of imprisonment;

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 and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. For the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act, crimes 1 (Assaults) [the scope of recommendations] under Article 48 (1) 1 of the Act on the Punishment of Offenses and Crimes 6 (Habitual Habitual Offense, Habitual Offense, Special Assaults) in the basic area [the scope of recommendations] under Article 2 of the Act on the Punishment of Crimes and No. 1 [the scope of recommendations] [the scope of punishment] habitually, repeated crime, special damage] under Article 48 (1) 1 of the Confiscation Criminal Act, the basic area (8 months to one year and 6 months] of the basic area (the special sentencing person] under Article 48 (1) 1 of the Act on the Punishment of Offenses and No. 1 [the scope of sentence] under Article 48 (1) 1 of the Act on the Punishment of Crimes and No. 2 years and 7 months [the sentence], although the defendant's punishment is minor, the defendant does not have any mental disorder, such as alcohol dependence disorder and mass disorder disorder.