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(영문) 의정부지방법원 고양지원 2019.08.12 2018고단1687
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 20, 2018, the Defendant: (a) around 13:00 on the part of the Defendant: (b) around D main points operated by the Victim C (FF) located in the PP (FF) in the PP; (c) on the part of D main points operated by the Victim C (FF) on June 20, 201; and (d) on the part of the Victim’s request for early tidal service, the Defendant damaged the property at the market price by

2. At the time and place specified in paragraph 1, the injured Defendant: (a) laid the chest of the victim who resisted the damage and damage of property, such as Paragraph 1; (b) taken the victim’s hair, etc.; and (c) took the victim’s arms on his/her hand, and had the victim do so for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports and telephone communications;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 257 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. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant committed a second offense despite having a record of punishment for the same kind of crime, and that the victim's damage has not been restored.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by comprehensively taking into account the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.

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