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(영문) 수원지방법원 2020.04.02 2019고단7629
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 24, 2019, the Defendant assaulted “C” convenience stores in Suwon-si, Suwon-si, Suwon-si, on the ground that the victim D (25 years of age) who is an employee and the victim’s horse dose are bad, and assaulted twice by knife, knife, knife, knife, knife, and knife the victim’s chests twice by hand.

2. The Defendant destroyed property damage by assault and assault described in paragraph (1) at the time, place, and place described in paragraph (1), thereby damaging the victim’s market price of KRW 126,00,00, i.e., “Nosp” in a grash test.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A victim and his/her photograph;

1. Investigation report (Submission of data pertaining to the destruction of and damage to property) and accompanying documents - a detailed statement of purchase of designs, - a photograph of the damaged part of the design;

1.The application of the Act and its subordinate statutes to the investigation report (CCTV investigation) and -CCTV video recording content;

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 266 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be as follows, comprehensively taking into account the following circumstances and various circumstances, including the defendant’s age, character and conduct, environment, and circumstances after the crime, and the sentence as ordered.

The defendant at a disadvantage committed an assault against a victim who does not have any general awareness under the influence of alcohol, and damaged the victim's security test. In light of the circumstances of the crime, the attitude of the act, etc., the nature of the defendant is not good.

On March 26, 2015, the defendant was sentenced to imprisonment with prison labor for the crime of obstruction of performance of official duties in the Suwon District Court for the crime of obstruction of performance of official duties, and was sentenced to criminal punishment several times for the same crime of violence.

agreement with the victim.

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