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(영문) 수원지방법원 2018.07.06 2018고단2217
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 13, 2018, the Defendant damaged the property owned by the victim 80,000 won at a “E” restaurant operated by the victim D with the wife population C on April 13, 2018, on the ground that the Defendant, while drinking alcohol together with his/her her fluor, had his/her fluorial, fluorcing theme with his/her fluorial hand, and caused the Plaintiff to tear the fluorial fluor with his/her fluorial hand.

2. No person who has damaged special property or violated the Animal Protection Act shall inflict an injury on an animal by using implements, or injure the body of an animal in his/her living condition;

Nevertheless, Defendant 1 abused the victim’s knife with a knife, which is dangerous goods at the cafeteria, on the ground that the knife of the knife owned by the knife in the construction site adjacent to the cafeteria at the same time, at the same place as the above knife No. 1, and on the ground that the knife of the knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Evidence photographs, medical certificates, and receipts for treatment;

1. Application of Acts and subordinate statutes to investigative reports (related to the amount of damage and hearing statements of victims of damage to property);

1. Article 366 of the Criminal Act in relation to the facts constituting an offense, Article 369 (1) and Article 366 of the Criminal Act, Article 46 (1) 1, and Article 8 (2) 1 and 2 of the Animal Protection Act (the occupation of an animal student);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence 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. Based on the grounds for sentencing under Article 62(1) of the Criminal Act, the sentencing conditions as shown in the instant trial process, such as the Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, are comprehensively taken into account, and the sentence is ordered as ordered.

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