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(영문) 춘천지방법원 2018.04.26 2017고단1030
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2017 Highest 1030 [Defendant] on December 11, 2016, on the ground that there was a harmony between D and friendship in the East Sea C around 00:00, and around December 11, 2016, the victim E-owned market value of KRW 100,000 and one food waste tank at a level equal to KRW 75,000, the victim F-owned market value were broken.

Accordingly, the defendant damaged the victims' property.

【2017 Highest 1382】 On November 11, 2017, the Defendant stated the victim’s taxi in front of the H restaurant located in Chuncheon G on around 02:40 on November 11, 2017, and the victim I (45 years old) on the ground that the taxi operated in the victim I (45 years old) was operated in front of the Defendant’s vehicle, leaving the cab in hand, and let the victim get off the cab while having a dispute with the cab, the victim’s face was taken out, and the victim’s face and body was taken back behind the Ha restaurant, and the victim’s face and body were taken back after the Ha restaurant, and the victim’s face and body body were taken up, the Defendant appears to be a clerical error in light of I’s medical certificate, etc.

In other words, injury was inflicted.

Summary of Evidence

【2017 Height 1030】

1. Legal statement by the witness J;

1. E statements;

1. Report on the situation (damage of property), investigation report (Submission of written estimates), investigation report (Listening to telephone statements, such as D stores E) 【2017 order 1382】

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Application of statutes, such as field photographs, on-site mobilization reports, and medical certificates (Evidence List Nos. 6);

1. Article 366 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Persons who are specially mitigated in the mitigation area (one to six months) of Class 1 (Destruction of Property, etc.) (one to six months): In the event that actual damage is minor, the general injury that is caused by the damage shall be the one type (general injury).

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