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(영문) 전주지방법원 2017.06.08 2017고단757

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 February 22, 2017, the Defendant: (a) around 00:10 on February 22, 2017, the housing located in Seojin-gu, Seojin-gu, Jeonjin-gu, was under the influence of alcohol in the alley, and (b) the victim D stops the vehicle, and (c) the Defendant, without any reason, took a bath to the victim while walking in the above place without any reason, destroyed the Defendant to walk the victim in front of the driver’s seat of the E-car owned by the victim who stops at the above place, so that the repair cost of KRW 379,476 would amount to KRW 379,476.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the written estimate statutes;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (Consideration favorable circumstances among the reasons for sentencing as follows) is that the Defendant’s liability in light of the character and conduct or power of the Defendant for the following reasons: (a) this case’s case’s damage to the victim D, which the Defendant passed without any justifiable reason, is minor.

It is not possible to do so, and the fact that the defendant has been punished several times due to the same kind of force such as violence, etc. is disadvantageous to the defendant.

However, the circumstances favorable to the defendant are that the defendant recognized the facts of the crime of this case and expressed his intention of reflect, agreed to do, and that the defendant voluntarily endeavored for rehabilitation while treating the current alcohol dependence symptoms and depression, etc.

The punishment as ordered shall be determined by taking into account all the circumstances prescribed in Article 51 of the Criminal Act.