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(영문) 수원지방법원 안산지원 2016.08.11 2016고단1896
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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 May 19, 2016, the Defendant who damaged property found the victim D, who is the de facto spouse, while drinking alcohol together with the son at the main point of "C" located in Ansan-si, Ansan-si, Annsan-si, Annsan-si on May 19, 2016, and was able to take a bath for the victim, and the victim reported.

The 900,000 won of the market price was damaged by reducing the cell phone cited by the defective victim and destroying the liquid glass.

2. In the same date, at the same time and place, the injured Defendant was faced with the cell phone of the victim D as above, and then pushed the victim out of the above main point by leaving the victim with a knive hand to fit the knives with a knive with a knive hand, taken the victim’s face, shoulder, and body spons, taken the victim’s face and head on the street, taken the victim’s face and head on the road several occasions, and suffered injury, such as an injury on the left 28 days back to the face, which requires a treatment for about 28 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. E statements;

1. A written diagnosis on D;

1. Application of related photographs and mobile phone photographs-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each of the reasons for sentencing ( considered disadvantageous to the following reasons):

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the first crime (damage) [the scope of recommending punishment] is not subject to punishment (the person subject to special mitigation] in the area of mitigation (one month to six months), in the area of mitigation (including a serious effort to recover damage), in the case of punishment not subject to punishment (including a person subject to special mitigation), or in the case of recovery of significant damage, the second crime (crime) (the scope of recommended punishment] in the basic area (4 to one year and six months) (the person subject to special mitigation) (the scope of recommendation) of the basic area (the person subject to special mitigation (a person subject to special mitigation)].

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