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(영문) 의정부지방법원고양지원 2020.10.15 2020고단1377

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

Around 16:20 on March 29, 2020, the Defendant threatened D with D’s mother of D, who was moving to a car at the same time with D’s head of D, who was moving to a car at the same time in front of C, Goyang-gu, Goyang-gu, Goyang-si, Mayang-si, without any particular reason, on the following occasions:

As a result, the defendant had expressed his attitude that he would inflict harm on the victim's body, etc. and threatened the victim.

2. The Defendant caused property damage, at the time and place in paragraph 1, to have F and Victim D not disembarked from the passenger car as set forth in paragraph 1, such as paragraph 1, was flicked up on the blicks of the said car by hand and flicked, and flicked the said blicks by drinking.

Accordingly, the defendant damaged the victim's above car to KRW 1230,000 for repair cost.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's written statement on the defendant's legal statement D, photograph of the vehicle affected by the police's written statement, and the investigation report;

1. Article 283(1) of the Criminal Act, Article 283(1) of the same Act, Article 366 of the Criminal Act, the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, which increases the number of concurrent crimes by which imprisonment is to be imposed;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant threatened the aged victims, damaged the vehicle on board the victims, and the victims seem to have suffered not only property damage but also mental suffering.

The defendant has been punished several times due to violent crimes, including one time of suspended execution.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The victim of the damage to property shall be paid an agreed amount and the victim shall not want the punishment of the defendant.

Finally, it was seven years before 2013 that the defendant was punished for committing violence.

This is.