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(영문) 울산지방법원 2016.06.23 2016고단812
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 November 10, 2015, the Defendant, at around 02:0, damaged the victim’s property amounting to KRW 990,00 in total of the incidental market prices by being drunked in the instant singing room operated by the victim C (hereinafter referred to as “C”) with the first floor in Yangyang-si, Yangyang-si (hereinafter referred to as “Woo-si”), without any particular reason, while being drunk in the instant singing room and being engaged in a monitor in a singing room, without any particular reason.

2. At around 02:00 on the same day, the Defendant destroyed the victim’s property by destroying the victim’s cell phone (one million won) at the market price owned by the victim F, who was an employee of the victim, opened on the table, on the floor, on the ground that the victim’s E (43 years) was not contacted by the victim E (43 years) at around 02:00.

3. At around 02:49 on the same day, the Defendant committed assault against the victim by breaking the victim's face part of the victim's face to the right part of the victim, on the ground that the said victim refused to communicate without contact with the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to investigation reports (G hearing statements);

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment for a crime respectively;

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 stay of execution (The fact that the defendant is against his/her will, circumstances of the crime, etc.);

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