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(영문) 청주지방법원 충주지원 2018.06.29 2018고단199
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 02:00 on March 20, 2018, the Defendant found at the “D” head office of the victim C’s operation in Chungcheongnam-si, Chungcheongnam-si, B, and without any reason, found on the road on the road without any reason due to the influence of alcohol, and caused damage to the goods equivalent to KRW 550,00 in the market price.

On March 21, 2018, the Defendant: (a) at the main point of “D” operated by the Victim C in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) at around 22:15 on March 21, 2018, the Defendant found the main points and requested the victim to provide alcohol with the same day; and (c) found the complaint of the day that the Defendant refused to provide alcohol to the victim; (d) collected beer disease, which is a dangerous object on the back of the vessel; and (e) collected beer disease, which is a dangerous object on the back of the vessel; and (e) died and discarded.

only 10,000.

In the words of “the victim,” etc., the victim was threatened in a manner that seems to inflict any harm on the victim’s life or body, such as taking the said beer’s disease toward the victim.

Summary of Evidence

"2018 Highest 199"

1. Statement by the defendant in court;

1. A photograph of the damaged article;

1. Statement made by the police against C;

1. Details of receipt of a written estimate for an investigation report;

1. "Receipt 2018 Highest 211";

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of the police statement protocol law to C

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, the choice of punishment for a crime, and Articles 284 and 283(1) of the Criminal Act (Special Intimidation and Selection of Imprisonment with prison labor);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Class 1 Crimes (Assaults) in the sentencing guidelines [Scope of Recommendations] in the mitigated area (4 months to 1 year), (4 months to 1 year), in the mitigated area (including special mitigated persons), in the absence of punishment (including efforts to recover damage), or in the event that considerable damage has been restored to 2 crimes [the scope of recommended punishment] habitually, repeated crimes, and special damage.

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