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(영문) 대구지방법원 2017.05.11 2017고단1176

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 January 23, 2017, the Defendant, at around 20:20, destroyed six 20,000 won of glass windows in the aggregate of market prices, such as the second floor, second floor, second floor, second floor (48cm, 74cm in width, 74cm in length), and second floor, third floor, and second floor of glass windows (43cm in width, 36cm in length, 36cm in length) under the control of the victim C, on the ground that the Defendant was under the influence of alcohol, and was influoring and fluoring his wife, on the ground that he was under the influence of alcohol at around 20:20,00 won.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes concerning reports on internal investigation (limited to attachment of field photographs) and investigation reports (related to estimates of damage);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria is the mitigated area (one month to six months), the punishment is not suspended (including serious efforts to recover damage), or a significant damage is recovered;

2. Circumstances unfavorable to the determination of sentence: The nature of the crime in this case was committed by the Defendant without being aware of the fact that the Defendant committed the crime without being aware of the fact that he/she committed the crime during the period of protection observation as a home protection case. Circumstances favorable to preventing the Defendant from committing the crime of destroying property two times within the last three years: The Defendant led to the confession and reflect of the crime. The Defendant and the victim agree smoothly. Taking into account all other circumstances, such as the Defendant’s age, occupation, sex, sex and environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances that are conditions for sentencing, such as the punishment,