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(영문) 대구지방법원 2017.07.06 2017고단959
재물손괴등
Text

A defendant shall be punished by imprisonment for six 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

1. On January 30, 2017, the Defendant damaged the Defendant’s property damage: (a) No. D operated by the Victim C (FY 53 years of age) in Daegu-gu, Daegu-gu; (b) on the ground that the Defendant requested the Victim to provide alcohol; (c) on the ground that the Defendant refused it; (d) on three occasions, on the ground that the victim rejected it, the Defendant damaged the Defendant’s glass door to the amount of KRW 100,000,000,000,000 won.

2. On February 17, 2017, at the same place as No. 14:00 on February 17, 2017, the Defendant: (a) thought that a police officer was dispatched to a victim E (58 years); (b) by discovering and wrapping the victim E (58 years); (c) took a dangerous object (40.5 cm in total length, 11.5 cm in length), which was in possession of a dangerous object for stuffing his/her residence; and (d) took the victim’s multi-faceted back, and (e) can be said to have “this Chewing flad, future flad, and stamped.”

“In doing so, the victim threatened him/her with the face of the victim at several times.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (as to the details of the on-site inspection and seizure of net values), and photographs;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act: The nature of the crime in light of the motive and background of each of the instant crimes, the method and instrument thereof, etc. Even though the Defendant had been punished several times due to the same type of crime, the circumstances favorable to preventing the instant crime: (a) the Defendant is led to the confession of and against the Defendant; (b) the victims do not want the punishment of the Defendant; and (c) the amount of damage is not significant; and (d) the victims do not want to be punished.

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