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(영문) 광주지방법원 장흥지원 2018.09.06 2018고단81
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. Property damage (2018 Height group 81) is the relationship between the victim B and the victim C.

피고인은 2018. 4. 4. 03:30 경 전 남 장흥군 D에 있는 E 장례식 장에서, 피해자 B과 피고인의 아들 F이 피고인을 폭행죄로 신고 하였다는 이유로 화가 나, 피고인과 피해자들의 망모( 亡母) G의 장례식 장 입구에 세워 놓은 피해자들이 관리하는 시가 합계 25만 원 상당의 근 조화 환 3개를 잡아 넘어뜨리고 발로 밟아 손괴하였다.

2. On June 20, 2018, the Defendant refused to withdraw (2018 Goh group 157). On June 20, 2018, the Defendant demanded the victim to request the victim to cover the cafeteria in the residence of the victim I located in the Southern Ho-gun H, Nam Ho-gun to cover the cafeteria located in the Southern J, and received a demand from the victim to demand about 10 times more than 10 times.

Nevertheless, the defendant did not comply with the request to leave the victim from the end of the victim's residence to the end of 22:45 on the same day without any justifiable reason.

Summary of Evidence

2018 Highest 81

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Investigation report (Attachment of on-site photographs) 2018 Godan 157;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant Article 366 of the Criminal Act, Articles 319 (2) and 319 (1) of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment imposed on heavier property damage);

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. In full view of the elements of sentencing under Article 62-2 of the Criminal Act for the protection and observation of the protection and the reasons for sentencing, and all the conditions of sentencing as indicated in the record and arguments, including the defendant's age, sex, environment, circumstances of the crime, and circumstances before and after the crime, the sentence shall be determined as ordered.

The factors of sentencing in favor of the defendant: the confession and fine of the defendant.

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