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(영문) 인천지방법원 2019.10.16 2019고단4959
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 20:45 on May 24, 2019, the Defendant: (a) destroyed the instant car owned by the victim so that the victim E (E, South Korea, and 64 years old) who was driving the said car would be bad for light while driving the car in Seo-gu Incheon, Seo-gu, Incheon; (b) destroyed the said car to be repaired for repair costs for the next string of the string line; and (c) subsequently, when the victim’s face coming from the car can be taken as drinking, the victim’s body can be taken as drinking, and then, when the victim’s body was taken as a drinking house, the Defendant damaged the victim by the string line and tension in need of treatment for about two weeks; and (d) damaged the 500,000 won road owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, and Article 257 (1) of the Criminal Act (the occupation of injury and the choice of imprisonment), which provide for the choice of punishment (the occupation of injury and the choice of imprisonment);

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of the sum of the long-term punishments prescribed in the heavier Crimes) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with prison labor from April to June;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for four months to one year;

2. The Defendant, on the grounds that he was dead, sentenced the victim to a death penalty, was able to take time in advance and inflict an injury by exercising violence, and damaged the property.

A crime.

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