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(영문) 수원지방법원 안산지원 2016.09.08 2016고단2585
특수재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The defendant and the victim C(n, 55 years old) are legal married couples.

The Defendant had been dissatisfied with the victim’s passage without showing the victim’s mobile phone at all times, and reported that the victim’s conversation in the Kakakakao Stockholm on the day of the instant case was in a state where he was able to see the victim’s right to her and her own right to her, and that her guyma was in a state where her frima was her.

1. Around 00:20 on July 17, 2016, the Defendant damaged the victim’s special property by putting the victim’s cell phone and knife a knife, which is a dangerous thing in the kitchen, into the kitchen, while doing any dispute with the victim at the restaurant for the operation of the victim located in Ansan-si, Ansan-si. Around July 17, 2016.

2. The special intimidation Defendant: (a) destroyed a mobile phone on the date and at the place specified in Paragraph (1) and thereby, threatened the victim by causing the victim to scambling, causing scambling, scambling, and acting as if he had a dangerous object, and doing so; and (b) “to send the scambling, scambling,” respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles 369(1) and 366 of the Criminal Act concerning criminal facts, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Standard for sentencing: Category 1 (Assaults / [Extent of Recommendation] 4 (Habitual, Cumulative, and Special Intimidation) (Special Intimidation) (Special Mitigations : 4 months to 1 year) (Special Mitigations / 1 year)) (including serious efforts to recover damage), or where considerable damage has been restored to a certain part of the crime (the scope of Recommendations / Damage).

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