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(영문) 광주지방법원 장흥지원 2017.11.23 2017고단155
재물손괴등
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

1. On April 11, 2017, the Defendant damaged property: (a) at C athletic fields located in Heung-gun, Namung-gun; (b) at the same time, the Defendant: (c) was placed with a “D” stage under the influence of alcohol; and (d) was engaged in an unreasonable appraisal, and damaged the singer’s examination mark owned by E by the victim.

2. On April 11, 2017, the Defendant destroyed special property by removing the steel stairs (one meter in length) installed at a stage from the D Games site around April 17:30, 201, and then breaking the Samsung Kimchi cooling-p, the market price of which is approximately one million won owned by the victim D event promotion committee, and breaking it into the stairs of the said steel franchi-p, the dangerous articles, and cutting it into the stairs of the said bar.

3. 상해 피고인은 위 2 항과 같은 일시 및 장소에서, 피고인이 위 2 항과 같이 소란을 피우는 것을 위 행사에 참석한 피해자 F가 제지하자, 오른손으로 피해자의 왼뺨을 1회 때려 피해자에게 약 3 주간의 치료가 필요한 왼쪽 고막의 외상성 파열 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and F;

1. Investigation report (verification of the market price of kimchi air conditioners), and application of Acts and subordinate statutes (F);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the most serious punishment) for concurrent crimes;

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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

The elements of favorable sentencing are recognized and reflected by the defendant.

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