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(영문) 부산지방법원 서부지원 2019.01.08 2018고단1132
재물손괴미수등
Text

A defendant shall be punished by imprisonment for four 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

1. Around 03:00 on November 11, 2017, the Defendant attempted to damage property, namely, “C Hospital” (hereinafter “C Hospital”) in front of the instant crosswalk located in the Busan: (a) the Defendant intending to open a door to the victim D while stopping and try to do so; and (b) the Defendant did not commit an attempted act because he was not destroyed, even though he attempted to damage the taxi due to the head of the taxi in which the victim gets off from the taxi, and attempted to damage the taxi by generating the back of the taxi.

2. The Defendant: (a) resisted the victim at the above date and at the above time and place, the victim resisted that “dypates dyphhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report, statement of the police about 1 and D;

1. Application of Acts and subordinate statutes to victims and taxi photographs;

1. Relevant Article 371 of the Criminal Act, Articles 371 and 366 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommended sentences according to the sentencing criteria;

(a) No basic area (two months to ten months) (special person) of the category 1 (general assault) shall be included in the crime of assault;

(b) The scope of final sentence due to the aggravation of multiple offenses: not less than two months (the lowest limit of the above recommended punishment shall apply since the crime of attempted property damage and damage, for which the sentencing criteria are not set, is a concurrent offense under the former part of Article 37 of the Criminal Act

2. As to the instant crime, the Defendant is trying to damage a taxi under the influence of alcohol.

As a result, the victim, who is a taxi engineer, has committed violence with dump spathing, etc., which is not good, and the defendant is the victim.

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