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(영문) 서울북부지방법원 2020.08.20 2020고단1465

재물손괴

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2020, the Defendant: (a) around 19:55, 2020, on the front road of the Gangseo-gu Seoul Northern District, the Defendant: (b) caused the victim C (27 years of age) who was driving a i30 vehicle to flick the path; (c) glicked the string, glicking, and glicked the string of the victim’s driver’s seat at hand and drinking; and (d) damaged the victim’s property to be 396,440 won for repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of damaged parts of vehicles of victims;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommended sentences [decision of types] according to the sentencing guidelines and the general standard [Type 1] no person who causes damage, etc. to property [the scope of recommended fields and recommendation types] and the basic area of recommendation [the scope of recommendation fields and recommendation types], and April through October.

3. Determination of sentence: 6 months of imprisonment with prison labor and 2 years of suspended sentence (the nature of the crime in this case is not minor in light of the applicable law and the results thereof, the defendant has been punished several times as fines for the same kind of violent crime, and the victim wants to punish the defendant. On the other hand, on the other hand, there are favorable circumstances, such as the confession and reflect of the crime in this case, and the absence of criminal records beyond fines for violent crime, and the above sentencing guidelines are comprehensively taken into account such circumstances and other circumstances, as well as various sentencing conditions, including the defendant’s age, health status, family relationship, environment, motive and background of the crime, and circumstances after the crime, etc., and the above sentencing guidelines are determined as per the disposition).