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(영문) 춘천지방법원 속초지원 2018.07.25 2018고단187
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 28, 2018, the Defendant damaged the property equivalent to KRW 5,505,000,000, in the victim D (65)’s market value owned by the Defendant, on the ground that he was able to see a comprehensive view from the double-type F, the main owner of the above E building, and then damaged the property equivalent to KRW 5,505,00,000, in the aggregate of the market value owned by the victim H cafeteria owned by the victim D, such as where he was able to see the double-type F, a double-type, the main owner of the above E building, and where he was able to see the back-type.

2. A special assault Defendant: (a) committed an assault with a dangerous object, such as the victim I (3) who was working at the above center at the time, time, and place as described in paragraph (1) at the same time and at the same time as described in the said paragraph; (b) committed an assault by carrying a dangerous object, such as a knife of the victim’s face, hacking him/her with a knife, provokings, and threatening him/her with his/her knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, I, J, and D;

1. A criminal investigation report (related to attaching written estimate to E, attaching victim D, telephone conversations with victim, and amending details of damage);

1. A protocol of seizure and a list of seizure;

1. Scenesics and seized objects photographs by cutting on-site photographs and CCTV images;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is not good to be committed by the defendant while under the influence of alcohol, by using violence in the state of destroying another's property and possessing a knife, the victims and the defendant have no record of punishment exceeding a fine, and the crime of this case is committed.

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