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(영문) 대구지방법원 2018.07.26 2017고단6867

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 19, 2017, around 12:30, the Defendant, at the Defendant’s house located in Daegu Jung-gu apartment B apartment No. 105 Dong 1602, 105 Dong Dong-gu, 2017, left the Defendant’s wife C and the victim D with his/her wife, and had his/her body fighting with his/her her son and flab, and had the victim livedd with his/her son and flab. The Defendant got off his/her son’s cell phone and got off his/her son’s cell phone so that he/she was found to have a defect in the police.

Accordingly, the defendant damaged the property owned by the victim by approximately KRW 400,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in each prosecutor's statement protocol to D;

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

1. The criteria for sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general criteria for sentencing under Article 62(1) of the Criminal Act, where the mitigated area (one to six months), the mitigated area (including a special mitigated person), the punishment is not suspended (including a serious effort to recover damage), or a significant damage has been recovered, the sentence as ordered shall be determined by comprehensively taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, etc.

- The recognition and reflection of the offence, and the smooth agreement with the victims, that there may be several penalties due to violence, damage to property, etc.