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(영문) 대전지방법원 2018.12.13 2018고단3633

특수재물손괴

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

On October 3, 2018, at around 11:47, the Defendant: (a) on the platform No. 1 at the Clean Station in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, 620-67, the Defendant: (b) without any justifiable reason, stated the instant crime in the indictment for D route buses owned by the victim C Co., Ltd.; (c) according to the evidence duly adopted and duly examined by this court, the owner of the said bus was aware of the fact that he/she is a bus engineer; (d) to the extent that it does not seriously disadvantage the Defendant’s exercise of his/her right to defense, the victim as stated in the indictment shall be corrected ex officio.

The bus was damaged by 301,020 won for repairing costs by putting the front door on a brick, which is a dangerous object, to block and block the front.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of investigation reports (Attachment of bus booms images), bus booms CDs and editing photographs, investigation reports (Attachment of bus repair estimates), and written estimates for repair expenses;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing specified in the arguments of this case shall be determined as ordered by taking into account the following circumstances: the observation of protection and order of community service, order of education, and order of education under Article 62-2 of the Criminal Act, and other conditions of sentencing as ordered.

Unfavorable circumstances: The fact that the nature of the crime and the circumstances of the crime of this case are poor, the circumstances favorable to the fact that there are several penalties for violence-related crimes: The confessions, the fact that there is no past record of criminal punishment more than the suspension of execution, the fact that the victim and the victim have agreed smoothly with the victim.