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(영문) 창원지방법원 2016.08.24 2016고정641

특수재물손괴등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the child of the victim B, and the victim C is the female of the victim B.

On April 28, 2016, at around 14:20, 2016, the Defendant discovered that the victims were in a coos car in front of the door, which is located in Kimhae-dong 295-1, in front of the door, and then found that the victims were in a coos car in front of the door, the Defendant’s coos net (75 cm in length) of the coos of a dangerous object stored in a cood vehicle joints of the Defendant’s coos, while leaving the coos car into the above coos car, led the victim C, leading the coos car to the direction of the coos car in front of the coos car, and damaged the repair cost, such as the front coos and seals, by 395,756 won.

그리고 피고인은 피해자 C를 손으로 밀어 바닥에 넘어뜨린 뒤 야구 방망이로 때릴 듯이 위협하고 발로 가슴 부위를 1회 찼고, 이에 피해자 B이 야구 방망이를 피고인으로부터 빼앗자 손으로 피해자 C의 머리채를 잡아 바닥에 넘어뜨리고 일어나는 피해자 C의 배 부위를 발로 걷어찼다.

Accordingly, the defendant carried dangerous articles and destroyed the victim B's property and assaulted the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and B;

1. Application of the Acts and subordinate statutes to camping nets, photographs of damaged vehicles, and written estimates;

1. Relevant legal provisions concerning facts constituting an offense, Articles 261, 260 (1) (a) of the Criminal Act that prescribes the choice of punishment (a point of special assault and fine) and Articles 369 (1) and 366 (a) of the Criminal Act;

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 59(1) of the Criminal Code of the Suspension of Sentence (in the case of a defendant who has been sentenced twice to a fine, all of which have been sentenced to a five-year period, and the defendant thought that due to the father victim B who has winded, the mother who is not healthy due to the health of the mother would grow worse, and the victims will be the defendant.