logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.09.12 2018고단629
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, on March 5, 2018, 2018, 202:35 around 02:35, while drinking alcohol at a restaurant operated by the Victim C (V, 60 years of age) in Daegu-gu, Seogu, Daegu-gu, 2018, the Defendant: (a) stated that “the Defendant would have done so; (b) the Defendant would have done so; and (c) caused damage to KRW 120,00 of the repair cost by exposing the glass of the entrance of the above restaurant.”

"Around 19:05 on July 19:07, 2018, the Defendant assaulted the victim by drinking the victim with her friend and playing together with her her her ties (13 taxes) without any justifiable reason while drinking her breath on the 19:05-ro 27, Seogu-gu, Daegu-gu, Daegu-gu, on July 19, 2018."

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss and receipts of damaged articles, "2018 Highest 2097";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime committed by each of the above evidence, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime of this case, and thus, the defendant's assertion against the defendant cannot be accepted.

The reason for sentencing is that the defendant was prosecuted for the crime of destroying property, and the other party of the assault is a middle student of 13 years of age who has no awareness of being the other party, and the assault is committed.

arrow