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(영문) 춘천지방법원 속초지원 2018.12.19 2018고단171
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2018, the Defendant found the above commercial building in order to purchase a cell phone insurance in the state of alcohol in the D commercial path operated by the injured party C, No. 106 dong 103, 2018, around 07:57 on April 10, 2018, the Defendant closed the door even after the door is closed.

The mobile phones owned by the defendant, which he was known to him, were laid at the glass door of the commercial building and damaged the entrance door of the victim's free will amounting to 2.50,000 won.

On June 13, 2018, the Defendant: (a) around 22:15, 2018, at G restaurant operated by the Victim F (F, 52 years of age) in Sinsi Sin-si, Ma; (b) on the ground that the victim was sprinked with the customers on the side tables during drinking alcohol, and when the victim was sprinked, the victim was sprinked by sprinking the ebbbb, and pushed the victim with his/her wall; (c) followed the victim’s right growth; and (d) caused the victim’s injury to the victim’s left part part of the arms that the victim suffered; and (d) caused the victim’s injury, such as the removal of the body frame of the non-fring in the number of days of treatment.

Summary of Evidence

"2018 Highest 171"

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. On-site photographs, CCTV photographs, and receipts "2018 Highest 392";

1. Statement by the defendant in court;

1. Statement made by the police preparation with respect to F;

1. Application of Acts and subordinate statutes to related photographs and medical statements;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation include: (a) the Defendant’s records of punishment by violence up to nine times; and (b) the Defendant committed an injury without being convicted of the crime of property damage; and (c) the degree of injury is less and less than that of the Defendant’s crime; and (d) the fact that the Defendant fully recognized the crime; (b) the victims and the Defendant agreed with the victim.

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