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(영문) 인천지방법원 2017.10.12 2017고단6177
재물손괴등
Text

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

However, the execution of the above sentence 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 August 24, 2017, at around 02:37, the Defendant: (a) at the main point of “C” located in Nam-gu Incheon Metropolitan City, Namdong-gu, Incheon, the Defendant was refused to request tobacco from the said main point’s staff; (b) thereby destroying four of the market value of the victimD owned by him/her either immediately or her; and (c) damaged the wall by putting him/her on the floor a string of the market price, which is the victim’s possession.

2. The Defendant, at the time and place specified in paragraph 1, abused the victim E (S) who is an employee of the said main store, by reporting the form of this 112, which is reported to the victim E (S) who is an employee of the said main store, by hand, booming the victim’s head head, booming the victim’s head, and booming the victim’s mother.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 260 (1) of the Criminal Act and the choice 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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend a lecture are as follows: (a) the first crime (damage and destruction) [the scope of recommending punishment] in the basic area of the first type of crime (damage, etc.) [the scope of punishment by violence] [the scope of recommending punishment] in the basic area of the first type of assault crime (including general assault) [the scope of recommendations] in the first class [the first class to October] [the basis for multiple crimes] in April - 1 year and 3 [the number of sentencing] in 6 months from 4-1 year and 3 months [the sentencing standard] in 6-month period; (b) the suspension of execution of sentence; (c) the damage was not recovered at a disadvantage of one year; and (d) the majority of the previous crimes were committed in favor of the same kind of violence. The circumstances above and other circumstances are contrary to the recognition of his mistake. In consideration of the circumstances above, the defendant's age, sex, family relationship, and other conditions of property status.

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