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(영문) 대구지방법원 2018.04.24 2017고단3947
재물손괴
Text

A defendant shall be punished by imprisonment for not less than two 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

【The Defendant was sentenced to one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu High Court on August 17, 2017, and the said judgment became final and conclusive on August 25, 2017.

【Criminal facts” around 5:30 on April 27, 2017, the Defendant broken up the victim C, who was a 541-gil, at the Daegu detention center, 802-dong D confinement room located in 541-gil, 541-gil, with a view to plucking, plucking, plucking, and cutting down the light view equivalent to KRW 450,00 in the market price of the victim’s possession, which was left above his head.

Summary of Evidence

1. Statement made by the witness E in the sixth public trial records;

1. Statement made by the police against C;

1. A written statement;

1. Previous conviction: Application of the text of the judgment;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing in Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss the Application for Compensation (the applicant submitted a written agreement). There are many similar criminal records.

The favorable circumstances were agreed with the victim.

Considering the circumstances in which judgment could have been rendered simultaneously with the crime for which judgment became final and conclusive.

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