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(영문) 부산지방법원 2019.05.17 2019고합126
재물손괴치상
Text

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

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

Reasons

Punishment of the crime

On December 20, 2018, the Defendant: (a) around 05:18 on December 20, 2018, when drinking alcohol at the second floor of the victim's D'E of the building located in the Busan Jin-gu C, Busan, the Defendant collected small-scale disease located in the relevant site several times to the wall surface of the above main station; (b) damaged the favorable wall in a number of million won to repair cost; and (c) caused the damage to the buckbucks of the victim F (n, 19 years old) who was sitting in a bucket that meets the repair cost, thereby resulting in the Defendant’s loss on the right-hand side that requires two-day medical treatment.

Accordingly, the defendant damaged D's property and caused F to be injured.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Damage photographs and criminal photographs;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on receipts (transaction Statement);

1. Relevant Article 368 (2) (main sentence) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing (where the existence or scope of liability for compensation is unclear, inasmuch as an agreement has been submitted between the applicant for compensation and the defendant) under Articles 32 (1) 3, 32 (2) and (3), and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation;

1. The scope of punishment by law: Imprisonment for six months to fifteen years;

2. Reduction elements of types 1 (Destruction of property, damage to public interest, destruction of a structure): Reduction element of punishment in cases where a crime resulting from destruction of a damaged crime, or death according to the sentencing criteria: Basic area of punishment [the area of recommendation and the scope of recommendation] in cases where a crime is committed by showing the power of an organization or a large number of people or by carrying dangerous articles [the scope of recommendation and recommendation], imprisonment from October to June;

3. The age, character and conduct, family relationship, family environment, and crime of the defendant in the following circumstances:

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