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(영문) 서울남부지방법원 2017.08.09 2017고단2255

재물손괴

Text

A defendant shall be punished by imprisonment for four 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

On April 13, 2017, around 21:00, the Defendant damaged the victim E (58 years old) who was the owner of the singing room in Yangcheon-gu Seoul, by raising a signboard attached to the wall of the singing room, on the ground that the victim E (58 years old) had sent the Defendant, such as taking an alcoholic beverage out from D’s singing room located in Yangcheon-gu Seoul, Seoul, without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the crime. Article 366 (Selection of Punishment of Imprisonment);

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

1. In light of the fact that the crime of sentencing under Article 62-2 of the Criminal Act is against the protection and observation, taking lectures, and providing community service order, the crime of sentencing is committed, there is no record of criminal punishment other than fines for the last twenty years, the victim does not want the punishment, and the victim seems to need treatment within society including the head of the district rather than the punishment by detention, etc., a punishment shall be determined as ordered;