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(영문) 대구지방법원 2017.07.13 2017고단1631
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

On January 11, 2017, around 18:25, the Defendants found in order to consult the fact that the amount of excessive mobile phone charges was claimed at the F branch office located in Daegu-gu, Daegu-gu, which is operated by the victim D, and at the G branch office located in G, G, which is the main part of the victim, but on the ground that the victim was fluored, the Defendant A was tightly sealed the display stand by hand, the next computer monitor fells into the floor, the vehicle strings installed at the entrance, the door was collected by hand, and the entrance was set off, and the Defendant B was fluored with the display stand by brush, and the door installed at the entrance.

As a result, the Defendants jointly damaged the computer monitoring, display stand, mobile phones for vision, the mobile phones for vision, and the diversity of the market price, which is the victim's own.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Each statement of H and G;

1. Application of Acts and subordinate statutes to report internal investigation (referring to the situation at the time of dispatch to the site, the degree of damage to the site, and the attachment of photographs);

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act concerning the crime;

1. Defendant A who is selected to be sentenced to imprisonment: Defendant B who is sentenced to a fine;

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. Defendant A [the scope of recommended punishment] No person who does not have a basic area (from April to October) (the person who is subject to special sentencing) of the basic area (such as property damage) [the person who is subject to special sentencing] of Defendant A [the person who has been punished for the same kind of crime] The defendant repeats the crime of this case that was damaged by monitoring, display, etc. along with B at the victim's cell phone store, despite the fact that the defendant had been punished for the same kind of crime, and is not agreed

However, the defendant recognizes the crime of this case and reflects the mistake, mental disorder 3, and the victim.

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