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(영문) 대구지방법원 2017.07.13 2017고단1583
특수재물손괴등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Although the indictment was written as “2016.” However, it is obvious that the Defendant was in writing in the “2017.” and even if the indictment was corrected without any amendment to the indictment, it does not seem that the Defendant’s exercise of his/her right to defense would be seriously disadvantaged. Therefore, ex officio correction is made.

01. 23:01 At around 26. 23:01, the defendant was found in the sixth degree of the victim C (57 tax) who is the six degree of punishment of the defendant in Daegu Suwon-gu B while under the influence of alcohol and caused the "felbing of a mobile phone".

“In the left hand, the sound (22.5 cm in length) and the saw (30 cm in length) are dangerous things, and the upper hand saws the watch (40 cm in length) which is dangerous things and the window (1.5 cm in width, 3 cm in length) of the living room was cut.

Accordingly, the defendant carried dangerous articles and damaged the property of 280,000 won at the market price owned by the victim.

2. The Defendant, at the same time and place as Paragraph 1, 2.5 cm in the left hand (the length of 22.5 cm) and saws (30 cm in length) and saws as dangerous things (the 40 cm in length). The Defendant: (a) the Defendant saws the victim’s hand and rings off the cell phone; (b) the Defendant’s hand; (c) the Defendant continued to force the Defendant; and (d) the victim was able to know the number of days of treatment due to the victim’s left hand and the right hand.

3. The Defendant violated the Punishment of Minor Offenses Act: (a) exercised violence against the victim at the same time and place as paragraphs (1) and (2) of this Article; and (b) reported false information to the public official in the Daegu District Police Agency 112 comprehensive situation room of the National Police Agency, stating that he/she was subject to robbery by 112 telephone using a cell phone as he/she was the victim of robbery.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Notification of departments related to the report of the 112 case and each investigation report (damage to the windows of the living room of the victim and damage therefrom);

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