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(영문) 대전지방법원 2017.11.29 2017고단4162

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

The Defendant: (a) discovered that there was a victim at the parking lot in Daejeon-gu Daejeon District Building D on October 16, 2017; (b) discovered the victim’s cell phone from around July 2009 to around July 2017; (c) discovered the victim’s cell phone from around 21:50; (d) discovered that he/she had the victim’s cell phone from around 21:50; and (e) discovered that he/she had the other male and female returned to the other male; and (e) discovered that he/she had the text message of the cell phone from around 2017 to around 2017; and (e) found him/her to be a “E restaurant” operated by that female.

On October 17, 2017, at around 01:00, the Defendant opened a closed door and intruded into the “E cafeteria” operated by the victim in the Daesung-gu F, the Defendant: (a) placed a studio not corrected; (b) collected a 1.5 million won calculating the market price on the part of the Kacter; (c) collected a 1.5 million won of the market price on the part of the Kacter; (d) added a 1.5 million won of the market price; and (e) collected 7 parts of a 6 million won of the market price at the time of contact equivalent to one million won of the market price and a 5 million won of the market price; and (e) caused damage to the property equivalent to 4.7 million won of the market price.

Accordingly, the defendant intruded on the structure and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C statement of the suspect interrogation protocol against the accused in the prosecution;

1. On-site photographs;

1. Application of Acts and subordinate statutes to enter into an investigation report (amount of damage, etc. to property) and the amount of damage to property;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. The reasons for sentencing under Article 62-2 of the Criminal Act of the community service order are disadvantageous: damage.