logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2021.01.07 2020고단290
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has been residing in South and South Navy B, and the victim C ( South and 61 years old) is a person who has leased the above residence to the defendant and resides in D adjacent to the above residence.

1. On July 7, 2020, the Defendant damaged special property: (a) around 23:45, the victim was found to be an apartment guard room where the victim was working in the victim’s residence; and (b) the victim was able to take a trial cost due to the fact that he was left outside his residence; and (c) the victim was able to take a wooden chair, which is a dangerous object, and the victim’s building at the victim’s residence, and 700,000 won of the market price which was installed in the victim’s residence.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant assaulted the victim at around 01:30 on July 8, 2020, for the same reasons as the above “1” description at the place indicated in the above “1” clause, and assaulted the victim by taking three times his face of the victim who was divingd.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on internal investigation (on-site conditions and relation to statements of damage) and 11 copies of relevant photographs;

1. Application of Acts and subordinate statutes of Part I of the investigation report (a written estimate of damage details) and written estimate;

1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act concerning the selection of punishment (a point of destroying special property, choice of imprisonment with prison labor), and Article 260(1) of the Criminal Act (a) (a point of assault, or choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

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

(a) Crimes No. 1 (Special Property Damage) (Determination of Type) No. 1 (No. 1) shall be subject to repeated crimes and special damage [No. 1] (the area of recommendations and the scope of recommendations]. Basic area of crimes (the scope of recommendations and recommendations], six months to one year and two months;

B. No. 2 Crimes (Assaults) (a type of assaults) and violences [No. 1] general assault [no. 1].

arrow