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(영문) 대구지방법원 2015.10.13 2015고단3925

재물손괴등

Text

A defendant shall be punished by imprisonment for six 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 July 30, 2015, the Defendant: (a) around 21:00, the Defendant: (b) was playing a singing in D’ogle operated by the Victim C (hereinafter “D”) in Daegu Dong-gu, Daegu-gu; and (c) was damaged to enable the Defendant to use an unfluencing repair cost by misunderstanding the Defendant’s speech that the said victim read “Ie frand frand frand fat at the time of running a restaurant business” to “Ie frand fat at the age of 53” on the ground that the said victim frandd frand frand frand fat in the direction frame, and caused a fire.

2. The Defendant, at the same time and at the same place as the above 1. Paragraph (1) above, flick-in disease, which is a dangerous object on the ground that a fire was caused as set forth in the above 1. Paragraph (1) above, flick-in disease, and flick-in disease, flick-in disease, and flick-in disease, flick-in disease, was fl

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C/E;

1. Application of statutes, such as site photographs;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Type 1 and 2 of the sentencing guidelines [Scope of Recommendation] Crimes of Violence: The scope of final sentence due to the aggravation of multiple crimes in cases where the mitigation area (4-1 and 2) (including special mitigation), mitigation area (4-1 and 2) (including serious efforts to recover damage), reduction area (including serious efforts to recover damage), or considerable partial damage is recovered; the scope of recommending punishment] mitigation area (1-6 months), mitigation area (1-6 months), mitigation area (including damage, etc. of property) [Special Mitigation] mitigation area (1-6 months), mitigation area (including serious efforts to recover damage), or substantial damage is recovered; the scope of final sentence due to the aggravation of multiple crimes: April to November 1:

2. The defendant who has been sentenced to a fine once as a result of an injury.