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(영문) 춘천지방법원 원주지원 2020.06.25 2019고단952

특수재물손괴

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant of "2019 Highest952" is a person who has taught with the victim B (45 years of age).

On August 26, 2019, around 21:20, the Defendant damaged the victim’s property by displaying golf bonds, which are dangerous objects, on the ground that the victim would avoid contact with the Defendant before the “D” restaurant operated by the victim in the Won-si, and then destroying the victim’s property by attaching the golf bonds to the restaurant which is equivalent to KRW 1.6 million at the market price and the route equivalent to KRW 220,000,000 at the market price.

The defendant and the victim B(the age of 45) of the 2019 Highest 1283 are now the former relationship.

On July 22, 2019, the Defendant: (a) around 08:30 on July 22, 2019, on the ground that the victim did not leave the leased house in the name of the Defendant in the residence of the victim under the E-building F of the original city; (b) on the ground that the key business operator did not leave the leased house in the name of the Defendant, the Defendant lost its utility by opening the entrance door 130,000 won in the market price

Summary of Evidence

"2019 Highest 952"

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site photographs of special objects destroyed and damaged;

1. - Written estimate, written estimate, and written estimate "201-Ma1283";

1. Defendant's legal statement;

1. The police statement concerning B;

1. - Application of relevant photographic Acts and subordinate statutes

1. Relevant Articles of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, 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. Circumstances unfavorable to the sentencing of Article 62(1) of the Act on the Suspension of Execution: The crime of destroying or damaging special goods among the crimes in this case is likely to destroy golf bonds by shouldering the glass of the restaurant, and the crime is not good.

The defendant committed violence against the victim and was issued a summary order for a crime that damages the front glass of a passenger car owned by the victim.

The defendant does not want the punishment of the defendant in consultation with the victim.