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(영문) 부산지방법원 2018.04.03 2018고단20

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

The defendant is a person who operates 'D' on the first floor of the Busan Jin-gu C building in Busan, and the victim E building management unit filed a civil petition for the interior works at the entrance of the defendant's execution and filed a complaint with the penalty surcharge and the original restoration order.

On October 31, 2017, the Defendant: (a) laid off the victim’s market price, installed at the entrance of the first floor, with the first floor of the E-building 1st, with the 4.12 glass door worth KRW 4,100,000,000.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site photographs;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is the mitigated area (one month to six months), the punishment is not suspended (including serious efforts to recover damage), or a significant damage is recovered;

2. Circumstances disadvantageous to the determination of sentence: Consideration of all kinds of sentencing conditions, such as the defendant's age, sex, environment, motive, means, results, and circumstances after the crime, etc., in consideration of the fact that the defendant's age, sex, environment, motive, means, and consequence of the crime, is committed, making many people feel fear by destroying Chapter 12 of the entrance of a large building and causing inconvenience to the use of the building, is bad and violent criminal records that are favorable to many people: