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(영문) 부산지방법원 2017.05.24 2017고단725

특수재물손괴

Text

A defendant shall be punished by imprisonment for four 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 January 30, 2017, around 17:15, the Defendant, while drunk at the “C” parking lot located in Busan Metropolitan City, Busan Metropolitan City, Busan, and without any particular reason, unloaded the back glass of the vehicle for the use of the victim D, which was parked at the same place, without any particular reason.

Accordingly, the defendant carried dangerous articles and damaged the car owned by the victim to be approximately KRW 7,737,467.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing the examination of suspect to the accused of victimized vehicles, photographs, and estimates;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] habitually, repeated crimes and special damage area (Habitual, repeated crimes, special damage, etc.) shall be determined as per the order, in consideration of all the relevant sentencing conditions, such as the following: (a) the mitigation area (4 to 10 months); (b) the punishment of a person who is not subject to special mitigation [including a serious effort to recover damage], or the recovery of significant damage (including a decision of sentence], and the agreement.