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(영문) 의정부지방법원 2018.04.12 2017고단4888
재물손괴등
Text

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

Reasons

Punishment of the crime

On October 6, 2017, the Defendant: (a) around 03:25 on October 6, 2017, the Defendant: (b) removed the ES standing signboards equivalent to KRW 200,000 at the market price, which is the victim’s possession, owned by the victim, who was the owner of the business before the towing, on the ground that the victim E, who was the owner of the business, did not sell alcoholic beverages to himself/herself before the towing; and (c) destroyed them by means of opening the ES standing signboards in his/her hand.

On February 8, 2018, 2018, the Defendant assaulted the victim’s left face on one occasion with the right hand at the victim’s right hand, while under the influence of alcohol from G(SY) located in F at the Government-Si of Madem on February 8, 2018.

Summary of Evidence

"2017 Highest 4888"

1. Statement by the defendant in court;

1. E statements;

1. Data on field photographs, data on photographs damaged by destruction, and data on CCTV images 530, 2018;

1. Statement by the defendant in court;

1. Each statement of H, I, and J;

1. Application of Acts and subordinate statutes to a report on investigation (victim H counterpart investigation);

1. Relevant legal provisions of the Criminal Act, 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. 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. From one month to four years and six months of imprisonment with prison labor within the applicable sentencing range by law;

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

(a) Type 1 (Determination in the sphere of recommendation), the basic area (determination in the sphere of recommendation), which means the crime of destroying property (determination of types) (determination of the area of recommendation), shall be punished by imprisonment for up to 4 months to 10 months;

(b) Type 1 (Determination of Type) (Determination of Place of Recommendation) (Determination of Place of Violence), the basic area of the crime of assault [Determination of Type] (Determination of Place of Recommendation] (Scope of Recommendation), two months to ten months.

(c) Scope of the recommended sentence based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of four months to one year and three months;

3. The defendant, on behalf of the defendant, appears to have a position to recognize and reflect his/her mistake.

However, the defendant has a past record of criminal punishment for the same crime, and the same probation period (the fixed district court) shall be the same.

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