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(영문) 울산지방법원 2017.05.29 2017고단1062

재물손괴

Text

A defendant shall be punished by imprisonment for six 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

On March 26, 2017, the Defendant damaged the car to repair KRW 1,100,000,000,000 to walk a part behind the driver's seat of the EMW car owned by the victim D without any particular reason in front of the C coffee shop in Ulsan-gu, Ulsan-gu. B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of written estimate and each photographic statute; and

1. Article 366 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the stay of execution shall be selected within the scope of sentencing guidelines, comprehensively considering various sentencing factors disadvantageous to or favorable to the defendant, such as repetition of crimes, risk of recidivism, wishing to punish victims, absence of criminal records above the same kind of suspended execution, reflective attitude, and circumstances of crimes);

1. Although the Defendant asserts to the effect that he was in a state of mental and physical weakness at the time of committing the instant crime, he/she does not accept such assertion in light of the various circumstances shown in the records and arguments.