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(영문) 서울남부지방법원 2017.12.13 2017고단4773

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 05:10 on August 13, 2017, the Defendant, at D points operated by the Victim C in Yangcheon-gu Seoul Metropolitan Government around 05:10 on August 13, 2017, closed the operation of the Defendant, while continuing the operation of the Defendant.

However, the victim did not respond to it by drinking one head of the glass window (75cm wide, 150cm long) of the above main entrance door on the ground that the victim did not respond to it.

As such, the Defendant destroyed the damaged property owned by the victim whose market price is unknown.

around 00:25 on October 6, 2017, the Defendant, “2017 Godan 5077,” was under the influence of alcohol at the Seoul Yangcheon-gu Seoul and 1st floor “D” main points, and was assaulted at 2-3 times to flaps of the victim E (66 years) on the ground that the Defendant said the victim E (66 years) who had observed drinking while drinking at the said main points, and flapsing him.

Summary of Evidence

"2017 Highest 4773"

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs " 2017 Highest 5077";

1. Statement by the defendant in court;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Violence (a) that has no general assault (a type) [the territory of recommendation and the scope of recommended punishment], the basic area of punishment, two months to ten months of imprisonment; and

(b) Concurrent crimes: Crimes of destruction of property [types]: Property damage, etc. (type 1) [Special Sentencings] mitigated elements: In the area of mitigation of punishment [the area of recommendation and recommendation range] mitigated range, one month to six months of imprisonment; and

C. The scope of recommendation according to the standards for handling multiple crimes: Imprisonment between two months and one year (the scope of sentence for basic crimes is the scope of sentence for maximum concurrent crimes).