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(영문) 의정부지방법원 고양지원 2019.01.11 2018고단2811

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 18:00 on August 20, 2018, the Defendant, “2018 Goyang-gu 2811”, as a drinking, she laid off a poly-type mobile phone that the victim C had been in custody to report damage to 112 on the ground that the victim C interfered with the Defendant who had been in custody in front of Goyang-gu Mayang-gu Mayang-gu B, Seoyang-gu 201 and caused the victim’s head to go through two dynamics by cutting off the poly-type mobile phone that the victim was in possession of to report damage to 112.

Accordingly, the defendant damaged the victim's property.

Around 16:30 on August 16, 2018, the Defendant was suspected of bringing the victim’s writing and recipient card from the victim E (the age of 77) who is neighboring residents at the residence of the Defendant in Gyeyang-gu, Seoyang-gu, Seoyang-gu, 2018, and raised two times each of the left side of the victim’s left side and the left side of the victim’s drinking, and when the victim’s right side side side of the victim’s back side of drinking, the Defendant took one time the victim’s side side of the treatment days into consideration the victim’s side of the treatment days.

Summary of Evidence

"2018 Highest 2811"

1. Defendant's legal statement;

1. C’s statement;

1. The 2018 Highest 2873 of a damaged photograph;

1. Defendant's legal statement;

1. Diagnosis and treatment sets;

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, and Article 257 (1) of the Criminal Act (the occupation of injury and the choice of imprisonment), which provide for the choice of punishment (the occupation of injury and the choice of imprisonment);

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 of the Criminal Act on Probation;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category I (Assault) and the scope of the final sentence according to the aggravated punishment for the crimes falling under the category I (Assaults) and the basic area (In four months to one year and six months) [the scope of the recommended punishment] that there is no special person] / [the scope of the recommendation punishment] and the mitigated area (one month to six months), and the mitigated area (i.e., destruction of property), [special mitigation] mitigated areas (one month to six months] mitigated areas (special mitigations): April to September: 4 months;

2. Determination of sentence;