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(영문) 제주지방법원 2017.11.10 2017고단1521
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 19, 2017, the Defendant: (a) was damaged by a special property, prior to the collection of the victim C (at around 20:40 on April 19, 2017) in Jeju City B; and (b) the victim was “a woman and Chewing by the Defendant.”

"If the victim made the word, it was destroyed by destroying a chapter 1,00,000 won of the market price owned by the victim because of the occurrence of a fire, the stone, which is a dangerous object, was laid in front glass, and damaged the victim's market price.

2. In the date, time, place, etc. set forth in paragraph 1 above, the injured Defendant inflicted injury on the victim, by drinking the victim’s face, such as making the victim cryp and leaving the victim cryp, on the ground that the victim’s face was taken.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of damage estimates and the counter investigation of victims);

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

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 for observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Assaults) [Scope of the recommended punishment] and the scope of the final sentence due to the aggravation of the punishment for the crimes falling under Category 1 (Assaults) and the mitigated area (2) [the scope of the recommended punishment] and the mitigated area (4 months to 10 months), the mitigated area (4 months, repeated crimes, special damage, etc.) and the mitigated area (4 months, repeated crimes, special damage, etc.). (4 months and 10 months): April to May 1;

2. Determination of the sentence shall be made in the same manner as the order, taking into account the degree of the injury suffered by the victim, the value of the damaged property, the relationship between the defendant and the victim, the background of the crime, and all other circumstances that conditions for sentencing, including the defendant's age and environment, and circumstances after the crime;

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