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(영문) 광주지방법원 목포지원 2020.02.25 2019고단1001

특수재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 10:45 on February 16, 2019, the Defendant causing special property damage: (a) around 10:45, 2019, i.e., “D” operated by the Victim C (FF) who was under the victim’s age of 49; (b) the Defendant’s punishment was assaulted by the victim’s husband and wife; and (c) driven the Poter truck, which is a dangerous object, the Defendant was under the victim’s punishment; and (d) 1,550,000 won at the market price of the victim’s possession; and (d) 2,029,500 won (including additional KRW 184,500) was under the victim’s roof.

2. The Defendant, at the same time and place as stipulated in Paragraph 1, 2, 3, 3, 4, 4, 4, 4, 4, 5, 4, 5, 5, 5, 5, 5, 4, 5, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of C and E;

1. A report on investigation (related to the submission of a photograph of damage), a investigation report (related to the submission of a written estimate for damage), a written estimate, and a receipt;

1. A criminal investigation report (Attachment of a summary order to a assault case which has caused a single case, such as the father and father of the victim or the criminal suspect's friendship, etc.);

1. The application of relevant photographs and investigative reports (Attachment of photographs of damaged places) Acts and subordinate statutes;

1. Relevant Article 369(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special Intimidations) (Special Intimidations) violent crimes.