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(영문) 인천지방법원 2018.07.12 2018고합277
특수재물손괴등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

"2018 Gohap 277"

1. The crime on April 13, 2018;

A. A. Around April 13, 2018, the Defendant damaged the victim’s property by taking a hump, which is a dangerous thing under the influence of alcohol on the ground that the Defendant was discharged on the ground that it was a hump before the instant officetel shop operated by the victim D of the 1st floor of the Nam-gu Incheon Metropolitan City Office of Public Prosecutor’s Office (the evidence No. 3, length, approximately 1.15m in diameter, about 5m in diameter) around April 15:18, 201, the Defendant hump, which was installed in the instant coffee shop, hump (the hump of the victim’s hump and hump installed in the Incheon District Public Prosecutor’s Office of Public Prosecutor’s Office in 2018).

B. According to the indictment, the special assault Defendant 1-A, at the date and time, and at the place, on the ground that one of the above E coffee customers saw himself/herself, he/she entered the said coffee shop, and assaulted the victims of the satisf, which is a dangerous object to 5-6 persons, such as F (22 years of age), customer G, and H, etc., of the victim's employees, following the indictment, this part of the facts charged is clearly stated as follows: (a) on the ground that one of the (b) the defendant was her own, he/she assaulted the victims of the satfe, which is a dangerous object toward the victim F, who is an employee, by entering the said coffee shop; and (b) the applicable legal provisions are described in Articles 261, 260(1), and 40 of the Criminal Act, and the prosecutor made a special indictment against the victim, including the defendant F.

According to evidence, the defendant can be recognized that the above EKapet employee F, guest G, and H had reached a huge deal of 5 to 6 people (2018 high 277 case evidence records 56 to 57, 60, 62 pages). Accordingly, even if the part of the facts charged was corrected by specifying the victim "F (22 years old), 5 to 5 to 6 years old, guest G, and H," without any amendment process, the victim part of the facts charged is deemed to have caused substantial disadvantage to the defendant's exercise of his/her right of defense, and thus, the correction shall be made ex officio.

2. The Defendant was engaged in cleaning the building on April 22, 2018.

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