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(영문) 의정부지방법원 2018.06.14 2018고단1306

재물손괴

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 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 lives in the upper house of the victim B.

On April 6, 2018, the Defendant, in around 00:05, around the victim’s residence located in C Apartment 206 Dong 102, around South-si, Namyang-si, around 00:05, takes the first race for the reason of noise between floors, and is slick to death at 202.

The death of the disabled shall be discarded.

“A bath,” etc., and the victim of fluent drinking water did not open a door, the victim was accompanied by a fluence door, and the victim’s bicycle and fence, which is the victim’s possession in front of the door, damaged the victim’s property in the market.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for four months to ten months [the scope of the recommended punishment] shall be the general standard and the basic area (from April to October) (the person who is subject to special sentencing).

3. Determination of sentence: Imprisonment with prison labor for not less than ten months, suspension of execution two years, conditions under the protection observation, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes, the same sentence as the order shall be determined.

D. Unfavorable circumstances: The circumstances that have many records of crimes, including a number of criminal records of violence, and the victim, etc. want to punish the defendant: The confession of the crime of this case