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(영문) 대전지방법원 서산지원 2018.06.28 2018고단348

재물손괴등

Text

A defendant shall be punished by imprisonment for six 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 November 27, 2017, from around 01:30 on the same day to around 03:10 on the same day, the Defendant damaged the victim’s property, such as “D” special room No. 5 operated by the victim C (n, 60 years of age) located in the Gwanak-gu Seoul Special Metropolitan City, Gwanak-gu and the 1st underground level, with a view to the drinking value, and having the brup in the market price, which is the victim’s possession, debris. The Defendant damaged the victim’s property by walking the metal door, wall, etc. inside the market price, which is the victim’s possession, by using hand and power.

2. At the time, at the time, at the place specified in paragraph 1, the Defendant committed an assault by carrying a dangerous object, such as the victim E (65 years of age) and the victim C (60 years of age), with the wall attached, having the wall attached to the victim E face, having the shouldered ward, continuously string the victim E face, putting the victim E and the victim C with a stringer and with the victim E with a stringer and with a string, “hing off during the time, during the death.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement prepared by E and C;

1. A report on internal investigation (a CCTV investigation at the scene of occurrence);

1. Investigation report (the result of appraisal of cigarette butts collected at the scene);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1) (a special assault, choice of punishment by imprisonment) of the Criminal Act, and Article 366 of the Criminal Act (a point of destroying property and a choice of punishment by 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 suspended execution;

1. The defendant is selected to be sentenced to imprisonment in consideration of the following: the reason for sentencing under Article 62-2 of the Social Service Order Act; the record of the crime in this case and the method of the crime; the poor quality of the crime; and the failure to agree with the victims; the defendant is recognized to all of the crimes; there is no criminal record of punishment for the last five years; and the defendant's age, sex, environment, and crime are followed.