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(영문) 인천지방법원 2016.02.15 2015고단7465

재물손괴

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant: (a) around 08:05, and around 22, at the storage office of the towing vehicle belonging to the Incheon Nam-gu Facilities Management Corporation located in Nam-gu Incheon Metropolitan City, Incheon, the Defendant damaged the above blocking device to ensure that the repair cost is equivalent to KRW 748,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. B Written statements;

1. Application of written estimate or photographic Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general standard for sentencing under Article 62(1) of the suspended sentence is to select imprisonment with prison labor on the basis of the following factors: (a) the mitigation area (one month to six months) [person with special mitigation] (including efforts to recover damage), the exemption area of punishment (including a serious effort to recover damage) or significant damage is recovered; (b) there is no criminal record exceeding a fine; (c) the recognition of and reflects his mistake; (d) the compensation of damage; (c) the Defendant’s age, sexual behavior, environment; (d) the motive and circumstance leading to the instant crime; and (e) the circumstances after the instant crime.