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(영문) 부산지방법원 2016.12.14 2016고단6680

특수재물손괴

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 17, 2016, around 17:50 on September 17, 2016, in front of the community center located in Busan, Busan, the Defendant damaged the unclaimed property at the market by gathering the insertion (the total length of 96cc and 25cc in length on the day) of the entrance door (160cc in length, 120cc in length) of the community center managed by the victim C, the village head of the Tong, which is a dangerous article possessed on the ground that the project is bad.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation Report-Application of the Acts and subordinate statutes governing glass and inserted photographs;

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing in Article 62-2 of the Probation Criminal Act is a crime of this case where the defendant, despite the previous existence of the crime, damaged the entrance door of the community hall by inserting the dangerous objects as mentioned above, and the nature of the crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, character and conduct, family relation, motive and circumstance before and after the crime, shall be determined by considering the fact that the defendant is against the defendant, the victim and the victim do not want the punishment of the defendant.