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(영문) 서울남부지방법원 2018.11.01 2018고합322
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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 March 18, 2018, at around 00:43, the Defendant damaged a special property by setting up a plastic stick (85cm in length) containing a dangerous article, which is a dangerous article in advance, from the 2nd corridor of subway No. 1 line “C Station” located in Guro-gu Seoul Metropolitan Government, Guro-gu, a subway No. 2, a subway No. 1 line “C Station” in Guro-gu, Seoul, the service personnel D, with a view to getting off the floor by falling off the plastic stick (85cm in length), which is a dangerous article in front of the market price of 50,000 won.

2. Special injury Defendant, like the aforementioned paragraph 1 of this Article, continued to put the victim at one time with a plastic stick (total length of 85 cm) bearing dangerous objects on the ground that the victim D (52 cm) who was a manager in the place under the above paragraph 1 of this Article, was the victim D (52 cm) who avoided disturbance, and continued to put the victim a part of the victim's arms at one time with a plastic stick (total length of 85 cm), which is a dangerous object, on the ground that the Defendant prevented the Defendant, as the manager in the place under the above paragraph 1 of this Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Police seizure records and list of seizure;

1. One copy of on-site photographs, on-site dispatch reports, CCTV images-fix photographs, CCTV images CDs, injury diagnosis certificates, written estimates, and a statement of transactions;

1. Application of existing Acts and subordinate statutes to stick (No. 1);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act that provides for the choice of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 358-2(1) and 257(1) of the Criminal Act (a point of special injury);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing as stated in the judgment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. In relation to the special injury of the gist of the argument, the defendant is close to others, including the victim.

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