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(영문) 창원지방법원 2020.01.30 2019고단3330

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 20, 2019, the Defendant: (a) around 23:20 on May 20, 2019, the victim E (the age of 41) who was driving a DE-ray vehicle while driving the DE-ray vehicle while walking the street room in front of the DE-ray “C Sing room” in Chang Sea-gu, Changwon; (b) on the part of the Defendant, the Defendant reported the vehicle’s personnel to the Defendant; and (c) deemed the Defendant to be “the Defendant’s personnel defect and the Victim

However, the victim's rejection of "I must see as soon as possible", and the defendant, on the ground that there is a flower, destroyed the window of the victim's driver's seat by 5 to 6 times in drinking, so that the repair cost is KRW 130,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to maintenance statements;

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

1. Although there have been many records of punishment for the reasons for sentencing under Article 62(1) of the Criminal Act as various violent crimes, the Defendant committed the instant crime during the period of probation.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, criminal records, motive, means and consequence of the crime, circumstances leading to the crime, etc., shall be determined as ordered in consideration of various circumstances, such as the defendant's age, character and conduct, environment, criminal records, motive, means and consequence of the crime, circumstances after the crime, etc.