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(영문) 춘천지방법원 2016.02.11 2015고단1224
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2015, the Defendant, at around 01:15, the Defendant, at around 01:15, sustained the victim’s face of the victim D(18 years of age) with his/her hair and vision, caused the victim’s injury, such as hump, fump, fump, fump, fump, fump, fump, fump, etc., to the left-hand side in need of approximately two weeks of treatment.

On August 18, 2015, the Defendant, at around 03:50 on August 18, 2015, the 2015 Gocheon-si E apartment 203, the Defendant, under the influence of alcohol at the front parking lot, destroyed the car by walking a string of the driver’s seat of the G Sspo-si, which was parked in the place for the reason that it became a home fire-fighting in front of the 203rd E-si, Chuncheon-si, the Defendant damaged the car by walking the 399,218 won of the repair cost.

Summary of Evidence

"2015 Highest 1223"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The 2015 Highest 1224"a written diagnosis;

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes concerning specifications for automobile inspection and maintenance, and details of claims for repair expenses;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crimes [the types of crimes] general bodily injury (the scope of recommendations] to be inflicted on the general public, and four to one year and six months (the basic area);

B. Since the crime of damaging property for which the sentencing guidelines are not set is competition, the lower limit of the recommended punishment according to the above sentencing guidelines shall be observed.

2. Each of the crimes of this case, which committed an injury to others and damaged property, is a crime of violence, and the defendant has already been punished two times due to the crime of injury, and the defendant has not been agreed with the victims until now.

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