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(영문) 대구지방법원 상주지원 2013.06.11 2013고단124

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

1. On January 25, 2013, the Defendant: (a) at the place of residence of a pro-friendly victim D, who was permanently living in C at around 14:00 on January 25, 2013; (b) reported the Defendant’s previous act of destroying and damaging the Defendant’s property; and (c) was punished by a fine, the Defendant destroyed the Defendant’s previous act of destroying and damaging the fuel tank part, etc. of the light flag, which is the victim’s possession, several times, and then damaged the Defendant’s repair cost in the market.

2. On January 28, 2013, the Defendant committed the crime of January 28, 2013, on the grounds that the aforementioned reasons and the victim deemed that the Defendant destroyed the Defendant’s goods at the place of residence of the said victim, thereby damaging the electric wires, such as boilers, etc., the victim owned by the victim, which were prepared in advance, to be well damaged by the nerer, and continuously collected the stones from the front door glass (Chapter 1) and the front door door glass (Chapter 2), and destroying each of the above glass windows, the victim’s possession, thereby damaging the market value.

3. On February 15, 2013, the Defendant, at around 16:00 on February 15, 2013, damaged the market price to repair the parts of the engines, etc. owned by the victim, due to the decline prepared in advance, for the said reasons, at the victim’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Each internal investigation report (28,58 pages of investigation records);

1. Application of Acts and subordinate statutes to cover photographs;

1. Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Determination of imprisonment with prison labor because of a very same criminal record in a short period of choice of punishment;

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 (including the fact that there is no record of punishment exceeding the fine, etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act;