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(영문) 대전지방법원 공주지원 2019.05.03 2019고단75

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 8, 2019, at around 00:00 to 01:00, the Defendant damaged the property by putting the victim’s son D (M, 37 years of age) at the house of the victim D (B apartment) who was divingd, and putting the victim’s fright together with the fluor, “I will return to fluor, you will return to fluor,” and putting about KRW 100,00 of the fluor’s heavy glass of the apartment, the victim’s fluor, and putting about KRW 460,00 of the market value of the victim’s fluor, which was located in the ward.

2. On the ground that the injured Defendant was neglected by hearing the victim’s speech that he would return to the house at the time and place specified in paragraph 1 as above, the injured Defendant inflicted bodily injury, such as the victim’s face and head when drinking the victim’s face and head, and the treatment period cannot be known in the victim’s right eye.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to hear statements concerning victims' damage to property DNA);

1. Application of statutes on site photographs;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

(a) Class 1 crime (inflicting Decision on the Punishment of Bodily Injury) [Type 1] In general injury [specific mitigation], minor bodily injury [the scope of recommending area and recommendation] in general injury [the scope of recommending punishment] in special mitigation area, and one month to October in imprisonment;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] [Special Mitigation] mitigation area, mitigation area, imprisonment with prison labor for one month to six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two months to one year;

2. The defendant who has rendered a sentence of sentence is due to multiple violent crimes.