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(영문) 광주지방법원 목포지원 2016.08.25 2016고단487
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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 March 30, 2016, the Defendant damaged the victim’s property by reducing the Handphones equivalent to KRW 120,000,00 in the market value of the victim’s possession, and destroying the victim’s property by impairing the Handphones in the “E” bar operated by the victim D (n, 51 years old), and on the ground that the victim took another male and female characters.

2. The Defendant, at the time, at the place specified in paragraph 1, listens to a talk that the Defendant would no longer take place from the injured party while continuing to engage in a dispute with the injured party, and takes out the excessive amount of deadly weapons in his possession ( approximately approximately 20 cm) from the world.

For example, the victim’s ship and part of the victim’s ship and “packers”

C. The victim was threatened by saying C. S. S. S. S. S. S. Ba.

3. When threatening the victim as described in paragraph 1, at the time, place, and as described in paragraph 2, the Defendant inflicted bodily injury on the victim’s left side of the section as described in paragraph 2, even if even two times, the victim’s knife, with approximately two weeks of treatment. In addition, the Defendant inflicted bodily injury on the victim on the knife, knife, knife, knife, and knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each field photograph and diagnosis report;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Articles 284, 283(1) (a) and 258-2(1) and 257(1) (a) of the Criminal Act that prescribes the applicable law of the offense and the choice of punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. It is so ordered in light of the favorable circumstances, such as the fact that the reason for sentencing under Article 48(1)1 of the Criminal Act reflects the wrong reasoning for sentencing, the fact that there is no previous criminal record exceeding the minor fine, the fact that the victim paid a considerable amount of money, and the degree of injury is relatively minor.

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