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(영문) 춘천지방법원 강릉지원 2016.06.15 2016고단493

재물손괴

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 04:40 on January 30, 2016, the Defendant drinking alcohol prior to the convenience point operated by the victim B, who was going through the day in the East Sea, and caused C, an employee of the above convenience store, who found the name in the above convenience store, to suffer from the trial expenses. B, while putting C, who expressed his desire to “C, crying and opening the same year”, the Defendant broken up one advertising board of tobacco amounting to KRW 300,000,000, which is the market price owned by the victim, installed adjacent to the above convenience store.

Defendant damaged the victim’s property as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Each damaged photograph;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated amount of damage);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommendations] The scope of mitigation (agreement, one month to six months) of the general standard [the decision of sentence] the punishment records for the crime of the same kind (total of 20 times) and the records of the crime of the same kind for the last ten years (total of 3 times), reflects, and agree with the victim, and all the circumstances that form elements for sentencing, such as the defendant's living environment, shall be determined and the execution of the sentence shall be suspended on condition that social service is provided for a certain period of time.