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(영문) 서울서부지방법원 2018.01.12 2017고단420
재물손괴
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That 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

The defendant around 02:10 on October 8, 2016, at D drinking house operated by the victim C in Eunpyeong-gu Seoul Metropolitan Government, on the ground that the victim does not sell alcohol to the defendant, the facts charged in the indictment of the indictment for the repair of concrete after walking the glass window on the ground that the victim does not sell alcohol to the defendant are "click", but according to evidence, it is determined to be concrete sculptures according to the evidence.

Since there is no substantial disadvantage in guaranteeing the defendant's defense, it is recognized as such without going through the amendment process of indictment.

B was laid in the glass window and damaged the glass window by shouldering it.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. C’s statement;

1. Investigation report by the prosecution (to hear statements by victim telephone);

1. Each police investigation report (the search of the owner of the EM house business and replies, etc. of the result of appraisal of his/her fingerprints at the scene of crime);

1. Responses to fingerprinted results at criminal scene;

1. On-site photographs of the case;

1. Application of CCTV image Acts and subordinate statutes;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

3. Grounds for sentencing under Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on the Observation, etc. of Protection, etc.

1. Recommendation and sentence of the sentencing criteria: There is no basic area (from April to October) (a person who is subject to special sentencing) (a person who is subject to special sentencing) in the basic area from April to ten months (the scope of recommendations) at the time of choosing a sentence of imprisonment;

1. Unfavorable circumstances: Not recovering damage, the defendant has been convicted of having been punished several times, etc.;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the crime, such as the fact that the defendant has no previous record of damage to property, etc.;

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