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(영문) 창원지방법원 2018.09.19 2018고단1019
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

Around March 10, 2018, the Defendant stated that, at the F Office located in Kimhae-si, Kimhae-si around 09:27 on March 10, 2018, the cost of repairing the broken cell phone was too high, the Defendant’s cell phone was put about four times to the victim C (the victim South and the age of 36) who is an employee of the Defendant’s cell phone at the same location, and was tightly sealed the computer monitors owned by the victim F in his/her table twice in his/her hand and connected with the monitor and its connected with the monitor and its connected thereto, and continuously damaged the face of the said victim C, who continued to satise it by hand, and caused the victim D (the victim D and the age of 45) who is an employee, to die the victim, and caused the death of the victim.

Accordingly, the defendant assaulted the victim C and D respectively, and damaged the victim F's monitoring, etc. to be equivalent to KRW 1,449,000 for repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to C, D, and G;

1. A report on internal investigation (a CCTV image containing a suspect's form of crime);

1. Written estimate;

1. Application of the legislation in its opinion;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. Protection observation and treatment order under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Care, Care, Custody, etc. Act (the defendant is deemed to have the ability to discern things and to control impulses or make decisions due to the early illness, and the defendant issues an order for medical treatment, considering the risk of recidivism and the necessity for medical treatment);

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed;

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