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(영문) 춘천지방법원 강릉지원 2016.11.16 2016고단1152

특수재물손괴

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

In the East Sea, the Defendant’s house, at the Vietname of 502, 908, without any reason:

1. On June 26, 2016, at around 17:52, bricks (a 9cm, length 19cm) which are dangerous objects were laid out of windows, and the victim D (n.e., 36 years old) who was parked in the front parking lot of 502, are damaged to ensure that the part of the pans and the trokes and the trokes after the motor vehicle of the E-learning owned by the victim D, who was parked in the front parking lot of 502;

2. On June 26, 2016, the lower part of the G Abrote vehicle owned by a victim F (ma, 40 years old) who was parked in the front parking lot of 502 dong 502, when the tamper and the tamper tamper were posted out of its windows, which are dangerous objects at around 21:20, and the lower part of the G Abrote vehicle is destroyed to cover repair costs;

3. On July 10, 2016, around 23:14, 2016, bricks (a 9cm, length 19cm) that are dangerous objects were laid out of windows, and damaged the roof of the victim H (W, 49 years old) that was parked in the front parking lot of 502, to cover repair costs equivalent to KRW 902,471.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each statement of D, F, and H;

1. Each site and photographs of damage;

1. A copy of the general repair cost estimate;

1. Application of Acts and subordinate statutes to each investigation report (CCTV verification on the surface of bricks, partial computation of the amount of damage, and reported matters related to Ttacheon Don, etc.);

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

1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (the most serious penalty for concurrent crimes as provided for in paragraph (3) of the same Article);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, such as reflectiveness, primary crime, mental health conditions of the defendant, and the fact that his/her guardian is protecting and managing the defendant);