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(영문) 전주지방법원 2020.10.21 2020고단1726
재물손괴등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant causing property damage: (a) at around 17:00 on May 29, 2020, at the front of the entrance of the shot-gu B apartment at the front of the front city of the front city, the Defendant: (b) discovered a rocketing car owned by the victim C, who was the husband of the victim C, and was parked in the front of the said car without any particular reason; and (c) caused damage to the Defendant by putting the front of the said car at the front of the said car and thereby causing approximately KRW 290,000 to be repaired.

2. A special intimidation: (a) around 12:10 on July 21, 2020, the Defendant used the knife ( approximately 31.5cm in total length, approximately 18cm in length) that is dangerous in front of “G” located in Yansan-gu F of the Jeonsi-si on his hand, and walking along the way for the victim H (ma, South, 23 years old) and snow, while having weak ability to discern things or make decisions; (b) the Defendant used the knife the knife to the victim on the ground that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Application of the police protocol D to the defendant's partial statement H, the investigation report (No. 20 No. 1) by K, the seizure protocol and list damaged photographs, and the Acts and subordinate statutes to capture photographs by each video cover;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Articles 284 and 283 (1) of the Criminal Act (the point of intimidation to carry dangerous articles), the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria; and

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