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(영문) 광주지방법원 2018.07.13 2018고단1261
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2018, around 18:40 on March 15, 2018, the Defendant damaged property: Eart operated by the injured party D in Gwangju-gu, on the ground that the said Eart employee does not calculate the goods purchased by the Defendant promptly, and was in the accounts stand with the stick in possession of the Defendant.

17 Pound Monitoring was made and the repair cost of 350,000 won was damaged.

2. The Defendant assaulted the victim when, at the time, at the same time, at a place as paragraph 1, the Defendant used the back head part of the Victim F (35 tax) as an employee, who was engaged in accounting in the above Mart calculation team for the foregoing reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. The photograph of the destruction and damage of the 17th unit monitoring, and a written estimate of the repair cost for the 17th unit monitoring;

1. Application of statutes on field CCTV photographs;

1. Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act concerning the crime;

1. Selection of each sentence 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 recommendation according to the sentencing guidelines in Article 62(1) of the Act on the Suspension of Execution - The scope of punishment according to the sentencing guidelines in Article 62(1) of the Criminal Act - No one [the scope of recommendation] in the basic area (two months to ten months) of the first type of the crime (Assault) [the scope of the punishment recommended] - The scope of the second type of the crime (damage, etc.] [the scope of the recommended punishment] in the mitigation area (one to six months) [the special mitigation person] in Article 62(1) of the Act on the Suspension of Execution - Where the mitigation area (including a serious effort to recover damage) or significant damage is restored to the mitigation area, the final sentencing range according to the majority punishment - four months of imprisonment with prison labor for a period of two months to one year (the background and degree of damage, the degree of damage caused by violence, the fact that the person was fined several times due to violence, the fact that there was no more favorable punishment than the defendant's age, records of character and behavior in the suspended execution period as well as seen earlier.

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