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(영문) 제주지방법원 2020.08.12 2020고단607
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of ten months on May 10, 2018 by imprisonment with prison labor for a crime of heavy confinement at the Seoul Central District Court, which became final and conclusive on October 19, 2018, and is currently under suspended sentence.

【Criminal Facts】

The defendant is a male-child tool of the victim B(n, 33 years of age), and the victim C(n, 34 years of age) is a child who resides in the same building as the victim B.

1. On January 27, 2020, around 03:05, the Defendant: (a) sought the Victim B at the D parking lot in Jeju-si; (b) but did not open the door; (c) destroyed the Defendant’s property damage to ensure that the Defendant 1,80,000 won of the e-mail “StsE300” car owned by the Victim B, which was parked, walked with each other, and walked to a string of the 1,800,000 repair cost.

2. At around 03:15 on January 27, 2020, the Defendant expressed at the entrance of the 1st suspender of the D1st floor at Jeju-si, that the victim B damaged the gap between automobiles, and expressed the victim B’s desire to “this sculse year”, her hand floor to her hand off the part of the victim B’s processed sculty, the victim C’s fighting "Isle her governance", and the victim C her head scule by hand.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. Application of Acts and subordinate statutes to report internal investigation (on-site departure status, etc.);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment);

1. Of concurrent crimes, the crime of this case was committed against the victim who had a relationship with the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act. The crime of this case is committed against the victim who had a relationship with the former. In particular, the defendant committed the crime of this case during the period of suspension of execution even though he was punished for 10 months by imprisonment with prison labor and 2 years by imprisonment with prison labor, and committed the crime of this case during the period of suspension of execution. In addition, the defendant committed the crime of this case.

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