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(영문) 창원지방법원 진주지원 2018.01.24 2017고단754

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On March 27, 2017, the Defendant damaged property: (a) 03:34 on March 27, 2017, when the Defendant was sexually assaulted by the Defendant’s female living together, in front of D, Jin-si, Jin-si, Jin-si, Jin-si; (b)

E opened up a part of the right-hand side of the G bargaining passenger car owned by the victim F, which was parked at the same place as the witness and the defendant was removed, so that the amount equivalent to 79,700 won of the repair cost is damaged.

2. In the above temporary location, the injured Defendant reported the said victim E (23 tax) to the Defendant, who was frighting away from the victim, and led the victim to drive away, thereby making the victim fright away from the view of the victim, and caused injury to the victim, who was in need of approximately eight weeks of medical treatment.

3. A special intimidation: (a) at the aforementioned temporary location, the Defendant laid a aluminium pipe, which is a dangerous object that had been sticked on the front door of a vehicle for the prevention of parking in the vicinity of the powder, and laid the floor to the victim E, and thereby threatening the victim’s body as if it would inflict harm on the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each statement of H and I;

1. Dangerous photographs, automobile photographs, and pipe photographs;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

1. Relevant Article 366 of the Criminal Act, the choice of a sentence against a crime, Article 257 (1) of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes as provided for in the judgment with the largest punishment);

1. Application of the sentencing criteria;

(a) Sentence to recommend injury: 6 months to 2 years (in the area of increase): Heavy injury;

(b) Sentence of special intimidation: No person who is subject to special sentencing between six months and one year and six months (basic areas):

(c)the balance of recommendations for damage to property: