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(영문) 서울동부지방법원 2016.07.12 2016고단1299
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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

On April 28, 2016, at around 22:00, the Defendant: (a) avoided tobacco on the subway station of the subway station of the subway station of 17, Seongdong-gu Seoul, Seongdong-gu, Seoul, from the victim C (66 years old); (b) caused the victim to commit assault against the victim; (c) caused the victim to knee knee knee knee knee knee knee knee knee knee knee knee, knee knee knee knee kne, and damaged by kne kne kne kne kne kne ke k

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to photographs and investigation reports (explosive on the counter site conditions of shots D);

1. Article 366 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the crimes of damage to property whose punishment is more severe);

1. Selection of imprisonment with prison labor chosen;

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

1. As to the Defendant’s assertion of Defendant 62-2 under Article 62-2 of the Criminal Act on the observation of protection and observation, the Defendant was in a state of mental and physical weakness under the influence of alcohol

Therefore, according to the evidence of the judgment, it is difficult to recognize that the defendant was in a state of drinking at the time of committing the crime, but it is difficult to recognize that the defendant was in a state of weak ability to discern things or make decisions. Thus, the defendant's argument is without merit.

The reason for sentencing is that the defendant has committed a case even though he had multiple criminal records, including that he was punished twice for the same crime. Considering the fact that the nature of the crime in this case is poor and that the crime in this case is not less and less than that of the crime, and that the victim strongly wants to punish the defendant, it is necessary to severely punish the defendant.

However, it is against the defendant's confession while committing a crime, and other cases.

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