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(영문) 수원지방법원 2018.08.21 2018고단915
재물손괴등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2017, the Defendant: (a) around 10:35 on Sep. 24, 2017, and around 10:35, the Defendant destroyed the victim’s house windows without any justifiable reason before the victim E’s house; and (b) destroyed the victim’s market price of KRW 1 million.

2. On September 24, 2017, the Defendant: (a) committed theft by driving a Hrocketing car with a key in the parking lot located in F in the 10:50 on Sep. 24, 2017; (b) the victim G-owned market value of KRW 10 million, which is the victim G-owned.

3. Around 10:56 September 24, 2017, the Defendant driven a Hystren car with a alcohol content of about 00 meters from the above parking lot to the Imra parking lot in the ethic city, while under the influence of alcohol at about 0.152%.

4. At around 11:00 on September 24, 2017, the Defendant injured the victim by a brick (a 19cm wide, approximately 9cm long, about 5cm high, about 5.7cm high, etc.) which was a dangerous object to the face of the victim J (W) on the fourth floor of the said I BGra on the fourth floor, and caused the victim’s injury by taking up the victim’s hand, etc. and requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, K, and J;

1. E statements;

1. Investigation report (at the time of mobilization, circumstances, arrest of flagrant offenders, etc.), site, and victim photographs;

1. Larceny and driving of a vehicle under consideration, supplic image of a measure taken after an accident, and video recording CDs in the criminal suspect’s video;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A criminal investigation report (in relation to special violence against a suspect, a stone photograph, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a written diagnosis of injury to the victimJ);

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act, Articles 258-2(1) and 257(1) of the Criminal Act, the choice of punishment for the crime (the point of driving alcohol and the choice of imprisonment), the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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