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(영문) 전주지방법원 2018.12.20 2018고단1596
특수재물손괴등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 1596"

1. On March 12, 2018, at around 21:52, the Defendant rejected the position on the ground that the said restaurant employees had been under the influence of alcohol in the “D cafeteria” operated by the victim C, Seoul-gu, Seoul-si, Seoul-si, the Defendant destroyed the knife by the knife knife, which is a dangerous object of the market price of the victim’s possession.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

"2018 Highest 1748"

2. On February 26, 2018, while under the influence of alcohol content of 0.107% in blood around 21:39, the Defendant driven a car EM in the section of about 100 meters from the front day of the Pungcheon Mean restaurant located in the Donjin-gu in the Jeonjin-gu in Jeonju-gu to the front day of the restaurant for Mean, 237 of the same Asia.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. C’s statement;

1. A damaged photograph (the fact of judgment No. 2);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

1. Article 369(1) and Article 366 of the Criminal Act applicable to the facts constituting an offense (a point of special property damage) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (a point of driving under the influence of alcohol);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is more severe than the punishment is added to concurrent crimes with the punishment prescribed for the crime of destroying special property, and the term of the above two crimes: Provided, That the lower limit shall be sentenced to the punishment prescribed for the crime of violating the Traffic Act on the road);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) There is no type 1 (Special Destruction, etc. of Cumulative Offense) (Special Destruction, etc.) of the crime of destroying special property (determination of type) and no person who is subject to special sentencing (the scope of recommended sentence) (the basic area) from June to February (the scope of recommended sentence)

(b) Crimes of violating the Traffic Act on Roads: The sentencing criteria shall not be set;

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