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(영문) 서울서부지방법원 2018.02.20 2017고단3590
상해등
Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Punishment of the crime

1. On October 25, 2017, at around 23:50 on October 25, 2017, the Defendant: (a) reported that the vehicle deemed to be owned by the victim D was parked near the entrance of the “E” office operated by the Defendant; and (b) caused piracy, which is a dangerous object located in the said office ( approximately 90cm in total length); and (c) caused the loss of the victim’s property by putting about eight million won in repair cost on several occasions, such as the glass windows and beams.

2. 재물 손괴 피고인은 2017. 10. 25. 23:50 경 서울 은평구 F 앞길에서 무단 횡단을 하다가 피해자 G이 경적을 울려 시비가 생기자 주먹으로 피해자 소유의 인 피니 티 차량 보닛을 내리쳐 보닛이 움푹 들어가게 하는 등 수리비 미상이 들도록 피해자의 재물을 손괴하였다.

3. In the date and time, at the place specified in paragraph 2, the injured Defendant: (a) placed the victim G (49) in a vehicle where the victim G (49) was driving away; (b) placed the victim’s face due to the defect; and (c) placed the victim’s face for approximately two weeks of treatment; and (d) placed the victim in an internal spambling and inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

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

1. A medical certificate of injury, a photograph of the upper part of G, and a photograph of the damaged G vehicle;

1. Application of the Acts and subordinate statutes on investigative reports (HH statements), screen images closure photographs;

1. Relevant Article 369(1) and 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 36 of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that in light of the form of each of the crimes in this case and the method of committing the crimes, in particular, the nature and nature of dangerous articles used in the event of property damage, etc., the crime is not less complicated, and there is no agreement with G among the victims.

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