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(영문) 제주지방법원 2018.10.29 2018고단1814
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

One (No. 1) extracted from the seized No. Round shall be forfeited from the defendant.

Reasons

Punishment of the crime

From the lower police officer on December 2017, the Defendant was in alliance with the victim B (V, 39 years of age). On August 11, 2018, at the D cafeteria located in Jeju, around August 11, 2018, the Defendant argued with the victim on the ground that he/she was flicked with the victim and the children of the victim, and then he/she was flicked with the victim on his/her text message sent to the victim.

around 18:35 on August 12, 2018, the Defendant: (a) extracted from the cosmetic room, which is a dangerous object previously possessed by the victim on the ground that the victim did not satise himself/herself on the ground that the cosmetic room operated by the victim in Jeju-si, on the ground that he/she was not satisfing (one name “lost”, 110cm in length); and (b) removed the entrance of the cosmetic room, glass windows, beauty art appliances, television, satisfe, line ray, and beauty materials, and added to ensure that the repair cost, including the exchange of entrance, exceeds KRW 10,99,00 in total.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Relevant photographs;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 369 of the Criminal Act, the choice of punishment for the crime, Article 369 of the Criminal Act, and the choice of imprisonment;

1. The Defendant asserts that his defense counsel’s assertion under Article 48(1)1 of the Confiscation Criminal Act was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

According to the records, although the defendant can be acknowledged that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

Since the above argument cannot be accepted, it shall not be accepted.

The reason for sentencing [the range of recommendations] The basic area (6 months to 1 year and 2 months) of the basic area (special mitigation (special mitigation)] is not the penalty (damage).

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