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(영문) 청주지방법원 2019.08.30 2018고단3140
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 6, 2018, the Defendant: (a) reported the appearance of the victim D, which the Defendant d opened in front of the C cafeteria located in the C cafeteria located in the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Cheongju, with F that the Defendant d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d

2. The Defendant suffered special injury: (a) at the time, at the time, at the place, as described in Paragraph (1) above, 2 heat windows of the passenger car that had been the victim D (37 years old); (b) shouldered by the victim’s gate, three bricks, which are dangerous articles in the vehicle, were string up the victim’s right part; (c) opened the above van’s door through the shoulder glass, led the victim’s head debt by hand; and (d) led the victim’s head debt by hand, and then, (e) caused the victim’s injury, such as catum salt, which requires a two-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement made to D by the police;

1. Report on occurrence (damage, destruction, etc. of property), 112 report processing table, investigation report (Evidence No. 14, 15, 17 No. 5);

1. Application of Acts and subordinate statutes concerning photographs, comprehensive vehicle taxes, diagnostic documents (D), and written estimates;

1. Article 258-2 (1), Articles 257 (1) and 369 (1) and 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and Articles 258-2 (1), 257 (1) of the Criminal Act;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the following reasons for sentencing):

1. Article 62(1) of the Criminal Act (see, e.g., Statement of Reasons for sentencing)

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

1. Scope of punishment by law: Six to fifteen years of imprisonment;

2. The types of recommendations according to the sentencing criteria.

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