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(영문) 서울남부지방법원 2017.07.13 2017고단2095

특수재물손괴

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2, 2017, around 19:20, the Defendant purchased tobacco from the victim D (39 aged) who was the president of the head of the Hop House in Guro-gu Seoul, Seoul at around C Hop on the ground that he was the victim D (39) who was the president of the head of the Hop House in front of the entrance entrance, and called the victim as another place. On the other hand, the Defendant destroyed the door door of KRW 80,000 at the market price by driving it on four occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Application of the statutes governing the rejection of on-site photographs and seized articles;

1. Article 369 (1) and Article 366 of the Criminal Act applicable to the facts constituting an offense and Articles 369 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act was determined by comprehensively taking into account the following factors: (a) the Defendant was not subject to punishment as his previous forces; (b) the degree of damage was not excessive; (c) the confession and reflect of a crime; (d) the Defendant’s age, sexual conduct; (e) the circumstances after the crime; and (e) the family relationship; and (e) the various sentencing conditions indicated in the records

It is so decided as per Disposition for the above reasons.