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(영문) 대전지방법원 서산지원 2016.08.16 2016고단203
재물손괴등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Seosan Branch of the Daejeon District Court on September 8, 201, and completed the execution of the sentence in Daejeon Prison on January 3, 2014.

1. On February 20, 2016, the Defendant of assault and assault: (a) the victim D (V, 58 years of age) located in Seosan-si, Seosan-si on February 20, 2016, when drinking and drinking in the “E” restaurant operated by the Defendant, F and Sivic that were allowed to sit in the place while drinking and drinking in the said place; and (b) the Defendant argued that the Defendant was dump and dump, and the Defendant dump with each other, and the victim was dumped with the victim

In doing so with the expression "to throw away," the victim's bat at the right side of the victim by bating the bat of bat, etc., and assaulting the victim's bat, etc. to avoid this, the victim's bat, who intends to escape about five times by exposing the bat, etc.

2. 재물 손괴 피고인은 제 1 항 기재 일시, 장소에서 위와 같이 피해자를 폭행하고, 계속하여 “ 씨 발년 다 때려 부숴 버리겠다” 라는 등으로 욕설을 하면서 그곳에 있던 피해자 소유인 시가 250,000원 상당의 냉장고와 시가 25,000원 상당의 의자를 발로 수회 걷어 차 시가 합계 275,000원 상당의 재물을 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Related photographs and investigation reports (victimD telephone recording and investigation);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (limited to previous convictions and related data for repeated crimes);

1. The point of assaulting relevant legal provisions on criminal facts: Article 260 (1) of the Criminal Act / The point of destroying property: Selection of imprisonment under each Article 366 of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Crimes of Article 37 (former part), Article 38 (1) 2, Article 50 (1) 1 of the Act on the Aggravated Punishment of Concurrent Crimes, and Article 50 (1) 2 of the Act on the Aggravated Punishment of Concurrent Crimes in the basic area (such as property damage) (4 months to October) (the scope of recommended punishment) 1 of the Act on the Aggravated Punishment of Concurrent Crimes. A majority of the basic areas (2 months to October) 1 of the Act on the Aggravated Punishment of Concurrent Crimes.

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