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(영문) 울산지방법원 2020.02.06 2019고단3235
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On August 31, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Ulsan District Court on the grounds of August 31, 2017, and completed the execution of the sentence in the 1st prison of the North Korean People's Republic of Korea on November 21, 2018.

【Criminal Facts】

1. On June 11, 2019, the Defendant: (a) destroyed the part of the victim’s wheel-gu B, Ulsan-gu, and C’s coffee shop in front of the Ulsan-gu, Ulsan-gu, and C’s coffee shop without any special reason; (b) destroyed the part of the victim’s wheel-gu road in front of the victim’s D (Nam, 39 years of age) who seeks to get a way to get on and off the lebba without any special reason; and (c) destroyed the part of the victim’s lebbbba, which is the front 120,000

2. 폭행 피고인은 전항의 일시, 장소에서 손으로 피해자의 멱살을 잡고, 멱살을 쥔 손으로 피해자의 얼굴을 3회 때리고, 이를 피하려는 피해자의 옷을 뒤에서 잡아당기는 등 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and D;

1. Field photographs, etc.;

1. A written diagnosis of injury;

1. Receipts:

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

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

(a) Aggravation of the first crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Aggravation]: In the area of aggravation of the same repeated crime [recommended area and recommendation range], imprisonment with prison labor for August through January 16];

(b) Second crime (determination of types of assault) and violence crime [Class 1] general assault [Special Aggravation]: In the area of aggravation of repeated crimes of the same kind [recommended area and recommendation range] increased, four months to one year and six months; and

(c) Standards for handling multiple crimes shall be met;

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