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(영문) 창원지방법원 2016.11.23 2016고단3104
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 20, 2016, at around 19:35, the Defendant insultd the victim by openly insulting the victim, while the victim D, who was the captain of the said police box, received the Defendant’s assault report from the Defendant E, who was on board the FSP car, at the time, on the part of the Defendant, on the part of the civil petitioners who visited the said police box at the time of the defect of the said request, at the time of the said request for a lower demand, the Defendant took a large voice, such as “singing and ringing”, while viewing that the civil petitioners who visited the said police box at the time of the said defect.

2. The Defendant causing property damage, on the ground that the said D demanded a lower demand at the time and place set forth in paragraph 1, removed one studio set up inside the F SPP car owned by the victim E by drinking it, and then damaged the said car to the extent that the market price was 21,285 won at the floor at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to written complaints and written estimates;

1. Article 311 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (Scope of Recommendation) is the case where the mitigated area (one to six months), the mitigated area (including a person who has been specially mitigated), the victim of the crime of causing property damage (the decision of a sentence), the victim of the crime of insult wishes to punish the defendant significantly, the victim does not have any other criminal records except a fine, the damage amount is a small amount of fine, and the circumstances indicated in the records of this case, such as the age, character and conduct, family relationship, home environment, the motive and means of the crime, the circumstances after the crime, etc., shall be taken into consideration, and the sentence shall be determined as per the order.

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