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(영문) 창원지방법원 통영지원 2016.09.30 2016고단961

특수재물손괴등

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Damage to special property;

A. On June 4, 2016, at around 02:10, the Defendant: (a) set off a cement block, which is a dangerous article for a victim C to extract a type of games installed and operated by the victim, in front of the EM beauty room installed and operated by the victim C, and damaged one of the reinforced glass of the type game equipment extracted from the victim’s possession to cover approximately KRW 2.50,000,000, for repair costs.

B. On June 4, 2016, at around 03:30 on June 4, 2016, the Defendant: (a) cut off the windows of automobiles set up by the victim F and cement bricks, which are dangerous goods, in the E-art parking lot located in E-ray D, with a view to damaging the repair cost of approximately KRW 1,838,540, KRW 1,838,540.

2. On June 4, 2016, at around 04:02, the Defendant: (a) destroyed a thief and damage to a thief in the H market located in G on a large scale; and (b) destroyed a stief window in the market by destroying a dangerous object at the adult product store in the operation of the H market located in G; and (c) thefted two (40,000,000 won of the market price owned by the victim in the display stand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, F, J and C;

1. A report on investigation;

1. Application of the written estimate statutes;

1. Relevant Articles 369(1) and 366 of the Criminal Act, Articles 329(1) and 366 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 32 (2) and 25 (3) 3 (the scope of liability for compensation is unclear due to the deposit of part of the defendant, etc.) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders;

1. The sentencing criteria shall be;