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(영문) 서울중앙지방법원 2015.04.08 2015고단857
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2015, the Defendant: (a) around 00:50 on February 3, 2015, at the E cafeteria operated by the Victim D (34 years of age) located in Jung-gu Seoul Metropolitan Government, the Defendant: (b) was placed with the order of the victim; (c) was at the time of the contact with the victim; and (d) was at the time of the contact; (d) obstructed the floor by fasting one contact with the part before the opening of the container; and (e) caused damage to the floor by making the rupture of the rupture in front of the rupture; and (e)

2. The Defendant of the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) committed an injury to the victim F (the age of 36) who was under the influence of alcohol with his/her seal in order to prepare food by using the appearance of the victim, stating, “The victim was able to take a large amount of alcohol, and then see that he/she was able to take a cellular phone by making the cell phone away from the floor, and bring him/her on his/her table.” As such, the Defendant collected from the victim F (the age of 36) who was under the influence of alcohol with his/her seal in order to prepare food.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement related to D or F;

1. Photographs of the damaged site;

1. Application of Acts and subordinate statutes to photographs of injury inflicted on the victim F;

1. Relevant Articles 366 of the Criminal Act, Article 366 of the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with labor for each crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (In consideration of the fact that victims do not want punishment of defendants by mutual consent with the victims);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the above reasons);

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