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(영문) 창원지방법원 2016.11.30 2016고단3513

재물손괴

Text

A defendant shall be punished by imprisonment for four 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

On August 4, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for special intimidation, etc. in the Changwon District Court’s smuggling branch on August 4, 2016, and the said judgment became final and conclusive on October 21, 2016.

At around 00:10 on June 8, 2016, the Defendant, at the OO point of the victim D's operation in Daegu-gu, Seogu, Daegu-gu, requested for alcohol to the victim, but was refused from the victim, and subsequently, damaged the victim by walking the door door on the market price and the door on the market price in the city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 366 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the circumstance that the instant crime is the latter concurrent crimes of Article 37 of the Criminal Act, the fact that the victim agreed with the victim, and the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, etc.,

(The sentencing criteria shall not apply because they are concurrent crimes under the latter part of Article 37 of the Criminal Act)