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(영문) 대구지방법원 포항지원 2020.02.12 2019고단985

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

At around 02:50 on June 1, 2019, the Defendant: (a) destroyed a car owned by the victim D on the road “C main point” located in Nam-gu, Nam-gu, Nam-gu; and (b) caused the victim D’s breath with her hand, and caused the victim D’s breath with her hand, and caused the victim D’s breath with her hand, and her breath with her her hand, she eths over the floor by raising the face of the victim E (27 years of age) one time for drinking; (b) the victim (26 years of age) and the victim F (29 years of age) with her horse as her horse, and thus, it is evident that the written indictment in G is a clerical error in writing written by the victim G.

Each victim assaulted the victim, such as taking three times of face, taking the face of the victim F one time in drinking, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Each police statement of the E, G, F, and D;

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

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

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

(a) Crimes 1 and 2 (each decision on types of violence) (each decision on types of violence) and violence crimes : [Class 1] There is no general violence [special person] [the area of recommendation and the scope of recommendation] basic area, and two months to ten months of imprisonment;

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;

3. In light of the circumstances leading up to the instant crime, the number of victims, and the degree of damage, etc., under consideration of the fact that the nature of the instant crime is not less severe, that there is no other penalty power, except that the Defendant has been sentenced once to a fine for another type of crime, and that the Defendant has been granted a mistake.