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(영문) 서울남부지방법원 2016.05.18 2016고단818
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 03:10 on January 10, 2016, the Defendant assaulted “D” in the operation of the Victim C (33 Do) (hereinafter “D”) located on the first underground floor in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, by assaulting the victim’s title and chest by drinking the sound during the conflict with the refund of the singing fee, and by drinking the victim’s hand, making the victim’s neck and chest several times.

2. The Defendant damaged the property by setting up the entrance door installed in D “D” after assaulting the victim, such as paragraph 1, at the same time, at the same place as paragraph 1, and after paragraph 1, thereby damaging the market price’s aesthetic repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of the Acts and subordinate statutes governing entrance photographs;

1. Relevant Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

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

(a) Basic crime: There is no person who has committed a crime of destruction of property [the types of decisions] and no person who has committed a crime of destruction of property [the area of recommendation and the scope of recommended punishment] (the area of recommendation and the scope of recommended punishment], from April to October;

(b) Concurrent crimes: Crimes of assault [a type] and assault (a type No. 1) and general assault (a type] [a person subject to special sentencing] (the territory of recommendation and the scope of recommended punishment], the basic area of the crime, two months of imprisonment to ten months;

(c) Scope of recommended punishment based on the standards for handling multiple crimes: From April to March of imprisonment (1/2 of the upper limit of the scope of sentence for basic crimes).

3. There is no reason for the suspension of execution [main reason for the suspension of execution] [No reason for general consideration]. There is no effort to recover from damage, positive: Serious reflection.

4. The fact that the accused who has previously been sentenced to punishment has been punished several times for violent crimes or destruction crimes and the recovery of damage.

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