beta
(영문) 창원지방법원 2018.09.19 2018고단1273

특수재물손괴

Text

A defendant shall be punished by imprisonment for not less than eight 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 was a person who resided in Kimhae-si B lending 301 to January 2018, and C is a person who currently resides in the above place, and the victim D is the owner of the above house.

The defendant, who had resided in the above place and purchased electronic equipment, but did not receive a return due to the dispute over the smuggling rent of the owner, and he collected electronic equipment from C at around April 12, 2018 and around 19:30, the above B B L 301.

The Defendant was accompanied by the entrance door 301 of the B B lending 301 on the lick (35 cm in length, 13 cm in width) which is a dangerous object that was prepared in advance without opening the door.

Accordingly, the defendant carried dangerous articles and destroyed the entrance of 300,000 won in the market price, which is owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act (Punishment of Imprisonment);

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

1. Orders to observe protection and attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

1. Where the sentencing of Article 48(1) of the Confiscation Criminal Act is based on aggravating the types of punishment, such as damage to special property for repeated crimes 1 to 1 to 6 months or from 8 February to 2 years from 1 to 2 years: The recommended sentence that no person falls under either: Imprisonment in the basic area (from 6 months to 1 February): Imprisonment in the term of 8 months: imprisonment in the term of 8 months: imprisonment in the term of 8 months or suspension of execution; 2 years in the term of 8 months or suspension of execution; 40 hours in the term of 40 hours in the term of 40 hours in the term of 80 hours in the term of 8 months or probation; 40 hours in the term of 80 hours in the term of 40 hours in the term of 80 hours in the term of recovery from damage; cumulative records of the same punishment (other than a suspended sentence once); confession;