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(영문) 서울북부지방법원 2018.03.13 2017고단5128
재물손괴
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On April 19, 2017, the Defendant was sentenced to a fine of three million won for the crime of damage to property by the Seoul Northern District Court, and on November 16, 2017, the same court was sentenced to imprisonment for a violation of the Act on the Punishment, etc. of Sexual Crimes (Kameras, etc.) and appealed for eight months and is still pending in the second instance trial.

[2] On September 5, 2017, around 08:50 on September 5, 2017, the Defendant discovered the victim C (V, 20 years of age) who sleeped on the crew’s uniforms, and then found the victim C (S, 20 years of age) who had sleeped on the crew’s uniforms, and then slick knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes to report on investigation (in cases of attaching photographs to data subjects);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act was the same crime as at the time when the defendant was sentenced to a fine for the same kind of crime, but his/her mistake was recognized and is in profoundly against himself/herself, and the defendant’s age, sexual conduct, motive and means of the crime, and circumstances after the crime are considered in light of all the records of the instant case and various conditions of sentencing as at the trial.

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