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(영문) 제주지방법원 2017.03.15 2016고단2079
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 17, 2016, the Defendant destroyed the above 400,000 won at the market price, which is the victim’s possession, by drinking alcohol like the Defendant, on the front side of D marina in Jeju Island around 21:40 on July 17, 2016.

On August 16, 2016, the Defendant: (a) around 2289, around 15:28, 2016, around Jeju-si Office of Ftel 1201, the Defendant, while drinking alcohol together with the other G living together with the Defendant’s house and the victim H (32 tax) of his/her friendship, had a kitchen knife (20cm length of the knife) which is the object dangerous in the kitchen and the victim’s losses, etc., of which the number of days of treatment cannot be known to the victim on a one-time basis, while drinking alcohol with the Defendant’s house.

Summary of Evidence

"2016 Highest 2079"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written agreement;

1. Photographs of the body of the injured party, the body of the injured party, and the damaged articles, etc. 2289;

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Non-Application for punishment;

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

1. Application of Acts and subordinate statutes to the place of crime, kniff photographs, and body photographs of the victim;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense, and Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury);

1. Selection of each sentence of imprisonment;

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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., the fact that the defendant is against his/her will, the damage of each crime is not serious, and the victims do not want the punishment of the defendant, and the fact that it is an contingent crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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