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(영문) 대구지방법원김천지원 2020.11.12 2020고단934
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, 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. Around 00:00 on May 22, 2020, the Defendant damaged the damage of property by throwing away objects, such as TV, computers, and reflects, from the window to the outside of the window, which would not be well-grounded in the Internet game, from the dwelling area of the Kimcheon-si, Kimcheon-si, the Defendant damaged 4.50,00 won of the repair cost by protruding off on the upper right side of the E vehicle owned by the victim D who was parked at the parking lot.

2. Around 00:18 on May 22, 2020, the Defendant assaulted the victim’s face at one time on the ground that the victim F (ma, 31 years of age) was imprisoned in the parking lot for Kimcheon-si building B, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. Application of Acts and subordinate statutes to report internal history;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage, etc. [No. 1] Damage, etc. of Property (including Special Punishment): In a case where punishment is not granted (including serious efforts to recover damage), or a case where significant damage has been recovered (in the area of recommendation and the scope of recommended punishment), reduction area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for two months to one year (the upper limit of crimes No. 2).

3. The fact that the nature of the crime is very poor in light of the attitude of the crime of causing property damage and destruction of sentence and three times of fine for the same crime; and

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