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(영문) 서울서부지방법원 2018.10.26 2018고단1351
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 14, 2018, at around 00:30 on March 14, 2018, the Defendant damaged the said car so that C’s spouse, who is living separately on the front side of Eunpyeong-gu Seoul Metropolitan Government, is staying home with the victim D’s mat E car owned by the victim D, which is the death village. The Defendant continued to have a garbage bag with the said car, and continued to have a part of the said car, which was 1,639,000 won after being placed at the driver’s seat of the said car on one occasion on one-time basis, and by affixing the 1,639,000 won at the front of the tree.

2. The injured Defendant 1, at the same time and at the same place as above 1. Paragraph 1., carried 2. The breath of the victim C (n, 36 years of age)’s breath, and pushed the blue part of the blue, pushed the victim into the blue part and pushed the blue part of the blue part, and put about about two weeks of treatment on the right shoulder.

3. The Defendant, at the same time and place as set forth in the above 1.1. paragraph, was unable to act by the Defendant F (M, 63 years old), who was the mother, and the Defendant committed assault by the Defendant, following a lush hand, to the shoulder of the Victim and by hand, to the body of the Victim once.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to F or D;

1. A written diagnosis of injury;

1. Written estimate;

1. Application of CCTV video data for crime prevention in which the face of a crime is recorded (section 2);

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 260 (2), Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) An minor injury in the mitigated area (two months to one year) of Category 1 Crimes (Assaults) (Extent of recommended punishment) (hereinafter referred to as "Aggravated Punishment") (hereinafter referred to as "Aggravated Punishment"), which is minor;

B. The basic area (from April-10 to October) of the 2nd crime (damages) (damages) (the scope of recommended punishment) is the general standard (damages, etc.).

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