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(영문) 광주지방법원 2016.09.23 2016고단2163
특수재물손괴등
Text

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

Reasons

Punishment of the crime

The defendant is a space between the victim D (n, 61 years of age) and the victim D.

On July 14, 2015, at around 20:0 to 21:00, the Defendant, while engaging in a verbal dispute with the victim in the “F cafeteria” scheme located in Gwangju Dong-gu, Gwangju, about 15cm in a knife (15cm in length) with a knife (15cm in knife) which is dangerous object in the kitchen, left knife about 20 knife in a knife.

The Defendant continued to leave a restaurant alone and continued to have been in danger of having been located therein, and the instant instant cups and cups became the victim.

Accordingly, the defendant carried dangerous objects and damaged the victim's property, and assaulted the victim.

Summary of Evidence

1. The defendant's legal statements made in court by witnesses D;

1. Statement made by the police against D;

1. Application of investigation reports (in-site investigation of place of crime), photographs at the scene of crime, tear clothes, and blades used for crimes;

1. Article 369 (1), Article 366, Article 261, and Article 260 (1) of the Criminal Act (a point of special assault) concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The scope of the final sentence pursuant to the increase in the basic area of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of the sentencing [the scope of the punishment recommended] Class 1 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of the punishment recommended] 2 of the basic area (from June to October 1) (the scope of the punishment recommended] / [the scope of habitual, repeated crime, special damage] / the number of concurrent crimes (Habitual, repeated crime, special damage, etc.) / the basic area (from August to June 1): August 2, and 7 [the sentence] / The motive and circumstances of the crime in this case are against the defendant's wrong; the relationship between the victim and the victim; the relationship with the victim; the progress of the crime after the occurrence of the crime in this case; the age of the defendant in this case; the economic situation of the defendant in this case; and other relevant criminal circumstances; and the sentencing of this case.

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