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(영문) 의정부지방법원 2016.09.23 2016고단1623
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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 February 29, 2016, the Defendant suffered damage to property and special intimidation at the house of the old peted victim D (n, 44 years old) located in Macheon-si, Macheon-si, Macheon-si, and reported that the injured person, who was claiming a male problem, seeks to make a report on 112 as a mobile phone, and deducted the injured person from his/her cell phone, and found him/her away from it, and the excessive (12 cm in knife in knife) which is a dangerous object, was snicked in his/her hand, and discarded “ dead.”

It is intended to kill and throw away a person from dratum to dratum.

” 고 윽박질렀다.

Accordingly, the defendant damaged the cell phone clock of the victim and threatened the victim with dangerous things.

2. In connection with forced indecent acts, the Defendant placed the victim on a place where he was detained, laid down the victim’s standing above, and laid down the victim’s chest on his hand, and immediately laid the victim’s left chest.

Accordingly, the defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made in the police statement protocol with D;

1. Making entries in protocol of seizure and list of seizure, excessive and Handphone photographs, field photographs, and replys to requests for appraisal, and the application of video Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Articles 284 and 283 (1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than the largest one);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and crime of the instant crime).

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