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(영문) 광주지방법원 2017.12.15 2017고합381
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 2016, the Defendant: (a) demanded the Defendant to take a bath to the effect that “a panty shall die and thrown away from her panty; and (b) he/she shall bring about drinking,” while taking the panty house of the victim D ( South, 59 years old) located in Yong-gun, Nam-gun, Nam-gun, Nam-gun, Nam-gun on a date 18:00; and (c) he/she has taken the house of the victim D (the victim D, South, 59 years old).

Therefore, when the victim rejected to the effect that he was “Is much drinking,” the Defendant: (a) the Defendant, who was in the influence of alcohol, destroyed the victim’s automatic door, which was opened from the point of view that Isn't go to the front door, to be flicked with the victim’s automatic door, and was flicked with the mother, thereby damaging the repair cost of approximately KRW 600,000,000,000.

Accordingly, the defendant damaged the victim's property.

2. On April 2017, the Defendant: (a) 16:00 on the first day of Apr. 2017, the Defendant expressed a desire to the effect that “the victim H (V, 67 years of age) who was located at the house of village residents G in Young-gun F, which was located therein, “I will throw away such Chewing, dead, etc.”; and (b) dumped the victim by gathering the block in a ma, and assaulting the victim more than five times.

3. On June 8, 2017, the Defendant expressed a desire to the effect that, at the home of the son J ( South, 66 years old) located in Young-gun I, the Defendant made intimidation to the effect that, “I will dump the victim by inserting it by inserting it by inserting spule fla,” and made intimidation to the victim’s item by inserting any inserted in the victim’s house.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J, H, K and L;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (a point of destruction of property, a choice of imprisonment), Article 260 (1) of the Criminal Act (a point of assault, a choice of imprisonment with prison labor), and Article 283 (1) of the Criminal Act (a point of intimidation and a choice of imprisonment with prison labor)

1. Determination as to the defendant's assertion of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 [Aggravation of concurrent crimes with punishment stipulated in the crime of destroying property with the largest punishment] of the Criminal Act

1. As to the crime of violence

(a) argument;

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