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(영문) 제주지방법원 2017.01.24 2016고단2821

특수재물손괴

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 4, 2016, at around 04:40, the Defendant: (a) discovered a door of No. C building 803 in Jeju-si, which is managed by B, a management warden; (b) but, on the ground that the former male-gu residing therein does not open the door, damaged the fire alarm system at the market price installed on the wall of the corridor due to beer disease, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by B and D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 369 (1) and 366 of the Criminal Act, and the choice of imprisonment;

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and considered to be committed, the circumstances that the victim agreed smoothly with the victim: the fact that there was a history of criminal punishment several times of the same or similar crimes, the fact that the crime was committed by using dangerous articles, etc., and the fact that the nature of the crime was inferior to the method of the crime: The motive and circumstances of the crime in this case, circumstances after the crime was committed, circumstances after the crime, the defendant's occupation, age, family relationship [Sentencing] habitually, repeated crime, special mitigation (Habitual, repeated crime, special damage, etc.) of the mitigated area (4 months to October): The punishment source is not imposed.