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(영문) 서울남부지방법원 2016.09.30 2016고단3713

재물손괴등

Text

A defendant shall be punished by imprisonment for six 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

around 14, 2016, the Defendant: (a) around 14, 2016, around 07:00 on July 14, 2016, and around 68:36, Gangseo-gu Seoul, Gangseo-gu, Seoul, 104, around 104, sent approximately three favorable in front of the victim B, who is the owner of the victim B, to have the repair cost of KRW 1,70,000,000.

Accordingly, the defendant damaged the victim's property.

On June 22, 2016, the Defendant: (a) around 03:10 on June 22, 2016, 2016, the Defendant 140,000 won repair charges, 140,000 won, including the following: (b) the victim’s household interest 409 Dong-gu Seoul Metropolitan Government D apartment 401 Dong-gu 601, was female-friendly job placement F, which had been living together with the victim; (c) the Defendant f, which was a dangerous object in the vicinity of the victim’s home, was flicked, and the Defendant f, who was living together with the victim; and (d) the victim’s household interest f, which was a dangerous object in the vicinity of the victim’s home.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

[2016 Highest 3713]

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. B written statements;

1. Investigation report (report on the record of the crime of the same kind, such as confirmation);

1. Evidentiary photographs (2016 high class 3792) with black stuffed images;

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Investigation report (investigation into victims E);

1. Investigation report (investigation into recovery of damage);

1. Investigative reports (to hear statements from victims);

1. Application of statutes on site photographs;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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

(a) Type 1 (Habitual and repeated and repeated and special damage) for the first crime (damage to special property) (damage). Habitual, repeated crimes, and special damage;