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(영문) 서울북부지방법원 2018.03.23 2017고단1606
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 19, 2017, the Defendant: (a) around 22:50, the victim C, a manager of Gangnam-gu Seoul Metropolitan Government, ordered a entertainment loan to 11 room; (b) the Defendant: (c) ordered a entertainment loan along with a daily pedago; (d) on the ground that the act of the entertainment loan was not in mind; (d) throw away the tables in the studio by hand; and (e) damaged the table table managed by the damaged party by walking the bridge part of the string, thereby destroying the amount of the repair fee.

2. Around 22:55 on the same day as Paragraph 1 of this Article, the Defendant abused the victim by taking the victim’s face at two times at one-storys of “D” club, so that he was under the influence of alcohol and employees’ side-hand side-hand side-hands of the victim C (43 years) who was under the influence of alcohol, and the victim C (43 years years) was prevented. The victim’s two buckbucks that he was defective, and the victim’s face was pushed up at one time at one head, and the victim’s chest part was pushed down.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. Each investigation report (related to video-recording images of CCTV inside a D Age club, photographs damaged by the tables, and documents not attached to a written estimate for repair);

1. Application of Acts and subordinate statutes to photographs, the CCTV screen and the table of which have been repaired;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) First-Class 1 (Destruction of Recommendations) (the scope of punishment) basic area (from April to October) (no person who has any special sentencing factor) of the first-Class 1 (property damage, etc.) general standards;

(b) Class 2 Crimes (Assaults) (Scope of recommended punishment) and No. 1 Crimes (General Assaults) are the basic sphere (2 months to 10 months) (Special Sentencings).

C. The scope of final sentence according to the standards for handling multiple crimes: April to March 2.

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