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(영문) 수원지방법원 안산지원 2016.10.11 2016고단2715

특수재물손괴

Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 29, 2016, around 23:40 on June 29, 2016, the Defendant opened a door to receive the Defendant’s benefits deposited in the account in the name of the victim C in front of the entrance of the residence of the victim C, which was located in Ansan-si B and 101, but the absent victim thought not to open the door intentionally, and caused the wall, which is a dangerous object outside the door, and damaged the digital painting and the above door door installed in the above door, so that the market price of approximately KRW 6.50,00 of the market price is damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of related Acts and subordinate statutes;

1. Article 369(1) and Article 366 of the Criminal Act; the choice of imprisonment with prison labor for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Habitual, Cumulative Offense, Special Destruction, etc. (Habitual Cumulative Offense, Habitual Offense, Special Destruction, etc.) : [Special Mitigation] mitigation area (4 to 10 months) / [including efforts to recover from damage] mitigation area (including decision of sentence] / Determination of sentence / Determination of sentence ] Defendant’s 10 or more times violence criminal records are disadvantageous to the victim, and the victim stated that the victim does not want to be punished in this court by agreement with the victim is considered as favorable sentencing conditions.