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(영문) 대전지방법원 서산지원 2017.07.13 2017고단376
특수재물손괴등
Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant who damaged a special property is not aware of why he or she or he or she or it was not aware of the fact that he or she or it was not aware of the fact that he or she or it was located in Jinjin-si B on January 9, 2017.

“The victim’s property was effective by gathering two main bottles, which are dangerous objects, and putting approximately KRW 200,000 of the market price owned by the victim E (n, 29 years old) and putting about KRW 200,000 of the market price.

2. The Defendant assaulted the Victim E (M, 29 years of age) who is the owner of the business at the place specified in paragraph 1 at the time and place, with the victim’s shoulder hand, once by the victim’s shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. A written statement;

1. Application of field photographs and simplified receipt Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting the crime, the point of damage to a special asset selected in the course of a punishment: Article 369 (1) and Article 366 of the Criminal Act, the point of assault by selecting a punishment of imprisonment: Article 260 (1) of the Criminal Act, and the choice of a punishment of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The scope of the final sentence due to the aggravation of multiple principal offenders in the basic area (two months to one month) of the following crimes (the scope of the recommended punishment) for the reason of sentencing under Article 62(1) of the Criminal Act: (a) of the Act on the Suspension of Execution; (b) the extent of the sentence for the crimes of Class 1 (Habitual, Cumulative Crime, Special Damage, etc.) (Habitual, Habitual, Specific Damage, etc.) (the extent of the recommended punishment); (c) the extent of the punishment for the crimes of Class 2 (Assault) [the scope of the recommended punishment] of the basic area (two months to ten months) of the Act on the Suspension of Execution (the decision of the sentence] from August to November 1 (the decision of the sentence]; (d) the circumstances favorable to the failure to recover from the injury without being taken advantage of it: The extent of the above circumstances and the degree of damage; (d) the means and result of the crime; and (d) the age and circumstances of the defendant after the crime; and (e) the sentencing guidelines shall be set lower than the sentencing guidelines;

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