beta
(영문) 대구지방법원 2015.11.19 2015고단4259

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Injury;

A. On April 1, 2015, at around 09:10, the Defendant: (a) took a bath of the victim D(20 years of age) and snow in front of the “Ccafeteria” located in Busan City B; (b) tried to see the victim’s breath by taking the breath in his hand; and (c) took the face of the victim’s knee or knee.

As a result, the Defendant inflicted an injury on the victim, which requires approximately four weeks of treatment, to the right-hand alley.

나. 피고인은 2015. 4. 1. 09:40경 경산시 E건물 3층 복도에서, 피해자 F(26세)와 부딪치고 이에 피해자가 뒤돌아보았다는 이유로, “뭘 그렇게 꼴아보냐, 몇 살이냐 ” 등 욕설을 하면서 손으로 피해자의 멱살을 잡아 흔들고, 주먹으로 피해자의 얼굴 부위를 수회 때리려고 하였다.

As a result, the Defendant damaged the victim's diversity, which requires treatment for about two weeks.

2. On April 1, 2015, the Defendant: (a) around 09:16 on April 1, 2015, the Defendant destroyed the repair cost of KRW 1,750,00,000, by putting one fish-water satisfaction pipe installed in front of the “I” restaurant operated by the Victim H in Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A H statement;

1. A medical certificate or an injury medical certificate;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense; and

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the crimes of Type 1 (Assaults) [Scope of Recommendation] of the Reasons for the Sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act and the crimes of Category 2 (Assault Recommendation] that have no basic area (4-1-6 months), (4-1-6 months), among the concurrent crimes, [the scope of Recommendation] of the basic area (4-1-6 months) of the basic area (4-1-6 months) of the basic area (4-1-6 months) of the No. 3 (Recommendation of Damage) of the Criminal Act (the scope of Recommendation] of Article 37, Article 38(1)2 of the Criminal Act and Article 50 shall be the general standard.