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(영문) 서울서부지방법원 2019.05.09 2018고단4479

폭행등

Text

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

Reasons

Criminal facts

1. Around 01:00 on October 27, 2018, the Defendant used the victim’s face at one-time by the victim C(SP) of Eunpyeong-gu Seoul, Eunpyeong-gu, and the first underground floor in 'D’ 'D' in an influencing room operated by the victim C(41 years of age). Under the influence of alcohol, the Defendant was under the influence of alcohol to the victim, and the victim who embling the Defendant was faced with the victim’s humbl, and the Defendant continued to use the victim’s face at one-time by driving away the victim from the victim’s room and drinking.

2. The Defendant: (a) destroyed property at the time and place specified in paragraph (1) by means of cutting off the victim’s 50,000 won (50,000 won) at the victim’s studio on the ground that the victim’s studio does not get out of the studio; (b) destroying property by means of cutting off or cutting off the 300,000 won (60,000 won), and then destroying property of the victim’s 4 mobile phones such as a mobile 30,000 won (60,000 won) at the market price; (c) one CCTV monitor at the market price at the studio and 300,000 won (30,000 won) at the market price at the studio; and (d) one mobile studio at the market price at the same time and continuously moving to the studio; and (d) damage the victim’s property by means of the same method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as field photographs, damaged photographs, site photographs, CCTV images to be taken, photographs, and estimates;

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

1. Aggravation of concurrent crimes: Reasons for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crime of causing property damage heavier than punishment);

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. The application of the sentencing criteria.