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(영문) 대구지방법원 2020.05.19 2020고단946
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On August 16, 2019, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (joint injury) at the Daegu District Court, and the judgment became final and conclusive on January 24, 2020.

【Criminal Facts】

1. On December 31, 2019, the Defendant: (a) around 08:00 on December 31, 2019, the Defendant: (b) 154,630 won in the market price owned by the victim under the ownership of the victim in his/her residence on the ground that the victim did not lend money to the victim; (c) 154,630 won in the market price; (d) 159,000 won in the market price; and (e) 39,000 won in the market price.

Accordingly, the defendant damaged the property owned by the victim in a total of 553,630 won.

2. On January 2, 2020, at around 02:25, the Defendant suffered injury to the victim D, “F” in the upper pelle of the body of “F,” located in Daegu-gu E, Seoul-gu, stating, “When the Defendant borrowed money, she should do so.” In this context, she would be fit for vain,” and the victim’s face and head are taken several times, and the victim’s body and leg were flicked, and the victim suffered injury to the victim, such as catum dump, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury, a criminal investigation report (referring to specifying the amount of damage caused by the destruction of and damage to property), a criminal investigation report (Attachment to photographs submitted by a victim), damaged articles and photographs of victims, a criminal investigation report (Attachment to the on-site CCTV shield photographs on January 2), CCTV screen on the crime scene, and CCTV video CDs;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (the confirmation of a case by a defendant), previous records of disposition, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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