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(영문) 광주지방법원 목포지원 2019.10.18 2019고단561

재물손괴등

Text

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

Seized evidence 1 (No. 19 altitude957) shall be forfeited from the defendant.

Reasons

Punishment of the crime

[2019 Highest 561] On May 18, 2019, the Defendant destroyed the above mobile phone repair cost by 100,000 won on the ground that the victim did not have any contact, and gallon 7 mobile phones owned by the victim was destroyed by gallon 7 mobile phones owned by the victim on the floor, at around 11:40,00,000.

[2019 Highest957] The defendant was living together with the victim D from June 2016.

At around 22:30 on August 13, 2019, the Defendant, at the victim’s residence located in Sinpo City B, made a dispute on the ground that the Defendant saw a female who was only the Defendant, and threatened the victim with the words “Irara in Sinpo Office” by the victim, who heard the horses “Irara in Sinpo Office” from the victim, and sprinked the victim with a knife (the total length: 28cm, the knife length: 17cm) with a knife at the victim’s seat and the knife with a knife (the knife length: 17cm).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

[19 Highest 561]

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs (the mobile phone damaged by the victim) (the victim's mobile phone);

1. Defendant's legal statement;

1. Statement made by the prosecution concerning D;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seized articles and the list of seized articles;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b) Class 2 (Destruction and Damage of Property).