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(영문) 광주지방법원 순천지원 2018.03.23 2017고단2078

특수재물손괴

Text

A defendant shall be punished by imprisonment with prison labor 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 August 8, 2017, at around 23:50 on August 23:50, 2017, the Defendant sited on the front of the "E Convenience" store operated by the victim D, which is a convenience store operated by the victim D, and drinking alcohol to the flador of the flash so that he/she can drink at the entrance.

As F has caused a dispute over the F, the disease, which is a dangerous thing, was broken off, and the convenience store was broken.

Accordingly, the defendant carried dangerous articles and damaged the property equivalent to 941,000 won in the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and F;

1. Investigation report (to hear statements from a victim by telephone);

1. Written estimate;

1. Application of four on-site photographs of the statutes;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1), the main sentence of Article 62-2(2), the main sentence of Article 59(1) of the Social Service Order Act, and the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. shall be determined by taking into account the following circumstances: the Defendant’s age, sex, family environment, motive and circumstance of the crime, and other various conditions of sentencing to prevent recidivism after the crime.

The favorable circumstances: The defendant recognized a crime and reflects on the other unfavorable circumstances: The defendant has the same criminal records once and has several violent records; the risk of the crime of this case is large and the damage is not easy.