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(영문) 의정부지방법원 2018.07.05 2018고단1260

재물손괴

Text

A defendant shall be punished by imprisonment for 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

On March 26, 2018, the Defendant damaged the victim’s property by gathering a table of 2.50,000 won at the victim E market price owned by the Defendant, which was located in the main place where the Defendant was in the Republic of Korea, due to the influence of alcohol at “C” at around 01:20 on March 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs damaged by property;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to ten months [the scope of the recommended punishment] shall be the general standard and the basic area (from April to October) (the person who is subject to special sentencing).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

3. Unfavorable circumstances: The circumstances favorable to the fact that a number of violent crimes including the records of the same kind of crime have been committed: The confession of the crime in this case; the victim does not want the punishment of the defendant.