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(영문) 수원지방법원 안산지원 2017.11.16 2017고단2503
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is the husband and wife relationship with the victim D (n, 51 years old), the victim E (n, 24 years old) and father relationship, and it is not good between the victims and the victims due to the indemniteization of family.

1. On August 12, 2017, the Defendant: (a) taken off a net (a) that is a dangerous object at a new spatus (a thickness 3 cm, 200cm in length, 200cm in total) while putting a bath at the dwelling room of Ansan-si, Masan-si, Madern F, 301, without any justifiable reason.

In other words, the amount that the victim D purchased and used by the ordinary defendant was damaged by 5,000 won of the market price by putting the smell with the odor.

2. The Defendant, in the same date, at the same time and at the same place, was in contact with the victim E by avoiding disturbance, such as taking odors as above, and was in contact with the victim E, and was found by the victim E on the ground that the victim E was in contact with the victim E, the Defendant was in contact with the victim E, and was in contact with the victim E.

In other words, the victim E's head and the part of the victim E's body are bleeped into the above flock, and the victim D's shoulder and the part of the bridge are flicked.

The Defendant carried dangerous articles as above and put the victim E on the two strings and heat, etc. requiring treatment for about 14 days, and the victim D’s strings and strings on the left-hand blue, etc. requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each injury diagnosis report to D or E;

1. Application of statutes on the photograph of the case

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act concerning the choice of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 258-2(1) and 257(1) of the Criminal Act (a point of special injury);

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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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