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(영문) 대전지방법원 천안지원 2019.08.14 2019고단32
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On July 26, 2018, at around 03:30 on July 26, 2018, the Defendant damaged the property by 330,000 won of the market price owned by the victim, on the ground that the victim’s D main points in the operation of the victim C (n, 60 years of age) located in Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul, for the reason that the victim did not respond to the Defendant’s demand, two trustees, and one chair, etc. in the market price of the victim’s ownership on the ground that the victim’s market price on the above main points did not respond to the Defendant’s demand.

2. At around 05:10 on July 28, 2018, the Defendant: (a) took a bath to the victim, on the ground that the victim did not immediately return to the customer and did not contact the Defendant; (b) took a knife at the victim, with a knife knife, which is a dangerous thing in the kitchen of the said kitchen; (c) took a knife, the knife knife knife knife knife knife knife knife knife knife knifs

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Each police protocol concerning C;

1. Answers requested to fingerprint;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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. According to the evidence, such as the victim’s statement and the fact that the knife, which is a dangerous object, of the defendant’s reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, is bad in the nature of the crime committed by the victim, and that the defendant injured the victim in the knife, the defendant made a false statement at an investigative agency that the knife did not knife the knife, and reversed the statement.

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