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(영문) 광주지방법원 순천지원 2017.02.08 2016고단2023

특수재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant damaged special property: (a) around 01:25, the victim D (Inn, 49 years of age) (hereinafter referred to as “the Defendant”) in the E-cafeteria operated by the Defendant that caused damage to the fishery products supplied by the Defendant; and (b) the Defendant destroyed the victim’s water leg, which is a dangerous object, and caused the damage to the market price by destroying two water legs, one line wind flag, one chemical powder, one food consignee, etc., which are owned by the victim.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. On August 31, 2016, at around 02:50 on August 31, 2016, the Defendant: (a) sought each item (80cm in length) which is a dangerous object by searching again at the place specified in the foregoing paragraph 1; and (b) committed a crime toward the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

Application of the On-Site Acts and subordinate statutes to the defendant's legal statement D

1. Relevant legal provisions of the Criminal Act and Articles 369(1), 366, 261, and 260(1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment with prison labor;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that the Defendant, at the site of the police officer, is not very good for the victim to commit a crime.

However, the punishment shall be determined in consideration of the fact that the injured person is not subject to the punishment of the accused by reflecting the accused's mistake and agreement with the injured person, the sentencing for the benefit of having no criminal record exceeding the fine, and the relationship with the injured person, the circumstances before and after the crime, the age of the accused, the sexual conduct, the environment, etc.