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(영문) 서울서부지방법원 2019.01.18 2018고단3135

특수재물손괴등

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

The defendant and the victim B(n, 49 years of age) are married couple.

1. Around 00:00 on June 2, 2018, the Defendant, at the Defendant’s house located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government C apartment D, unloaded television owned by the victim, who was in his/her ward, at the bar of the Defendant, who was in danger of alcohol ( approximately 1m in length).

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. A special assault accused at the above date, time, and at the above place, the victim who had prevented the Defendant at the time and place, put the metal stude, which is a dangerous object, and put the victim’s head at one time by hand.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A criminal investigation report (on-site photo report) (the defendant and his/her defense counsel asserted that there is no fact that he/she had the victim's head at the time of leaving the victim's head by scrashing his/her direction or by hand. However, according to the consistent statement made by the investigative agency and this court, this part of the facts charged is sufficiently recognized, and the above argument is not accepted)

1. Relevant provisions of the Criminal Act, Articles 369(1) and 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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of recommendations;

(a) Group 1 (Scope of Recommendation) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment, Special Destruction, etc.)) (Aggravated Punishment, etc.) (Aggravated Punishment, etc.

(b) Where the degree of assault is minor for the mitigated area (two months to one year and two months) (special mitigation) (two months to one year and one year and two months) of Class 6 of the Act on the Punishment, etc. of Violence (Scope of Recommendation).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and nine months;

2. Determination of sentence;