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(영문) 울산지방법원 2017.10.30 2017고단3578

재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. The Defendant committed assault, around July 19, 2017, on the ground that the victim B, an insurance company’s employee, arrive late at the parking lot in Yangyang-si, 11-gil 22 Seocho-si, Yangyang-si, 16:40 on July 19, 2017.

2. Damage to property;

A. On August 2, 2017, the Defendant: (a) around 00:05, at the main point operated by the Victim D, who is a branch located in Yangsan-si C, both of which were the victim; (b) brought a dispute with the victim; (c) the victim went to a door after entering the place where the Defendant was damaged.

The defendant caused a 250,000 won to repair a visit owned by the victim by making it early at the visit with the chair who was located there.

B. On August 25, 2017, around 22:30, the Defendant requested the Victim F to lend money to the victim E in front of the Yangsan-si E, but refused to do so. However, on the ground of the bricks located on the floor, the Defendant destroyed the said car to have approximately KRW 500,000,000 as repair cost, by citing the bricks located on the part of the victim’s ownership.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, D, and F;

1. The application of Acts and subordinate statutes, of each photograph and each investigation report (the net 31,32);

1. Article 366 and Article 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

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 Suspension of Execution ( comprehensively considering the repetition of crimes by violence or the same kind of crime, the risk of repeating a crime, but the distance between time and time, reflectivity, and agreement with victims, D among victims, and F, and other circumstances specified in the proceedings and arguments shall be taken into consideration in addition to various circumstances specified in the proceedings and arguments;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;