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(영문) 광주지방법원 순천지원 2018.04.27 2018고단183
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 11, 2018, the Defendant who damaged property: (a) around 23:55, the victim C’s 3th floor located in B 3th floor in drinking water, and (b) the Defendant, without any particular reason, destroyed the Defendant’s damage that caused the damage of KRW 60,000 for repair cost by drinking the interior wall with drinking water.

Accordingly, the Defendant damaged the victim C’s property.

2. 폭행 피고인은 제 1 항과 같은 일시, 장소에서 112 신고를 받고 출동한 경찰관이 인적 사항 등을 묻자 갑자기 자신이 벽을 부쉈다고 소리치면서 위 주점 종업원인 피해자 E(20 세) 의 오른쪽 눈 부위를 손바닥으로 1회 때렸다.

Accordingly, the Defendant assaulted the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, and the choice of imprisonment for a 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. The sentencing of the same kind of fine under Article 62-2 of the Social Service Order Criminal Act is one time before and after the defendant was sentenced to a fine, not agreed with the victims, and the defendant committed a contingent crime under the influence of alcohol, reflects the defendant's age, sex, family relation, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the defendant's age, sex, family relation, environment, crime, circumstance after the crime, etc., shall be determined as per the order.

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