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(영문) 서울중앙지방법원 2017.11.16 2017고단3648
재물손괴등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 1, 2017, at around 03:05, the Defendant damaged the 'Operation D' of the victim located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, with respect to the change of the said victim and entertainment workers, the time of the main use of the entertainment store, etc., the Defendant collected 20 straws on the studs on the studs, where 10 studs on the studs on the studs, where 20 studs on the studs on the studs, where 10 studs on the studs on the studs, carried the studs on the studs, and carried the studs in front of the studs studs on the studs.

2. A special assault Defendant, at the same place immediately after the crime of paragraph 1 above, assaulted the victim by carrying dangerous objects and carrying them with the victim, on the ground that the victim E (37) who is the wife of the above D (37) was restrained by himself, who is the subject of the above D, and the victim was faced with her neck by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written statements of D and E;

1. Application of statutes concerning field photographs, photographs of damage to E, and copies of business registration certificates;

1. Relevant Article 366 of the Criminal Act, Articles 261, 260 (1) (a point of special violence) of the Criminal Act, the choice of fines for concurrent crimes; 1. former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Act on the Aggravation of Concurrent Crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act on the confinement of a workhouse is that the Defendant was sentenced to a two-month period of suspension of execution of his/her duties due to interference with the execution of his/her duties (determined on July 5, 2016) and is likely to be subject to criticism during the period of suspension of the execution of his/her duties.

Although the defendant had the same history in the past ten years, there was no other criminal history other than before the above suspension of execution, the defendant left the wall of the direction where the victim E, and the strike was the victim's hand, etc., but the defendant tried to directly injure a person as dangerous thing.

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