logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.10.25 2017고단2555
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on June 18, 2017, 2017, 2555, was “main point” operated by the Victim C (V, 66 years old) in Yangsan-si B on June 18, 2017, and the victim completed the business.

As a result of the demand for returning home, the door door door of the entrance was damaged by the string.

Accordingly, the defendant damaged the entrance door door which could not be known of the market price owned by the victim.

around 06:01 on July 20, 201, the Defendant driven the Eone Star Co., Ltd. under the influence of alcohol concentration of approximately 0.107% from around 1km to the front road of the Central Highway located in the same Si/Eup from the Hansan-si (Seoul Metropolitan City) to the Namsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Damage and damage to property of a criminal fact: Article 366 of the Criminal Act, operation of selective drinking of imprisonment: Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act, the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the maximum term of both crimes shall be the same as the maximum term of both crimes, and the short term shall be the same as the one provided for the crimes of violation of traffic laws on roads);

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria [the scope of the recommended punishment] set forth in the general standards and the lower limit shall be observed in the mitigated area (one month to six months) (special mitigated persons] and the crime of violating the Traffic Act by non-permanent roads (driving). Therefore, the sentencing criteria were not set and supported with respect to the crime of violating the Act on the Traffic of Non-permanent Road;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

The favorable circumstances: It shall be agreed with the victim in relation to the confession and violation of depth, and the crime of damage to property.

arrow