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(영문) 서울서부지방법원 2018.10.31 2018고단2041
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2017, among male toilets located in Mapo-gu Seoul Metropolitan Government “D” on November 25, 2017, the injured Defendant saw the victim E (22 taxes) and the shoulder met with each other. In drinking, the injured Defendant saw the victim’s face face, the body below the snow, and the front part below the front part of the victim, etc., and put about about six weeks to the victim for approximately six weeks of medical treatment.

2. The Defendant damaged property by making another person’s property damaged by making the victim F-owned market value at a gallon gallon, in a way that F-owned victim F, who was in the above E at the same time and at the same place as paragraph 1, takes a gallon by using S8 smartphones, and in a way that the victim F-owned market gallons off the floor by galloning the cell phone by hand, thereby impairing the bottom of the right side of S8 mobile phones when the victim F-owned market value is not gallon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol of suspect examination of the police against E or F;

1. Statement of the police statement related to G;

1. Videos;

1. A medical certificate for each injury and a medical fee payment certificate;

1. Application of the Acts and subordinate statutes governing damaged mobile phones;

1. Relevant Article 257 of the Criminal Act, Articles 257 (1) and 366 of the Criminal Act, the choice of punishment for the crime (the point of harm), and the choice of imprisonment with prison labor;

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

1. The punishment shall be determined as ordered in consideration of the following: (a) the gravity of the injury inflicted upon the victim E on the grounds of the suspended sentence under Article 62(1) of the Criminal Act is significant; (b) there is no record of punishment in addition to the unfavorable circumstances or the one-time fine; (c) the victim E pays 15 million won to the victim E; and (d) the agreement is reached smoothly with the victim F.

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