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(영문) 서울중앙지방법원 2018.04.18 2017고단7547

재물손괴등

Text

A defendant shall be punished by imprisonment for four 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 September 12, 2017, the Defendant damaged the part of the locking device on the ground that, around 23:40 on September 12, 2017, a dog located in the victim’s house in the street near the house of the victim victim D located in Gangnam-gu Seoul Metropolitan City was slicked by baring from the victim’s house.

Accordingly, the defendant damaged the gate owned by the victim so that the amount of repair costs can be infinite.

2. When the Defendant, at the above date and place of the assault, received an objection against the victim D (40) to walk the gate, he saw the victim as a scam, and scam the victim’s scam was scamed five times with a scam, and was scambling with the victim’s scam.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment for a crime respectively;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been subject to criminal punishment several times due to assault, damage of property, etc., repeats it again despite the fact that the defendant's refusal of his act and failure to reach an agreement with the victim was disadvantageous to the defendant, and that the degree of assault was not serious, and that the defendant's mistake was recognized at the time of this court, and that he deposited a reasonable amount for the victim shall be considered as favorable to the defendant, taking into account the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and determine the punishment as ordered.