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(영문) 수원지방법원 2017.01.18 2016고단5184

재물손괴

Text

A defendant shall be punished by imprisonment for six 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

[2016 Highest 5184] Defendant is a person who resides in the C Public Noticecom 331 located in Osan City B.

On August 30, 2016, at around 06:25, the Defendant destroyed the repair cost to a extent equivalent to KRW 120,000,00,000 by unloading two copies of the glass window of the main entrance door, which is owned by the victim, from the cbub, without any reason, under the influence of alcohol at the cbub, which is operated by the victim D.

[2016 Highest 5836] The defendant is a person who resides in Osan City B, 331, and the victim D is an operator of the said published telecom.

At around 01:30 on September 17, 2016, the Defendant, on the ground that, while drinking alcohol under subparagraph 331 of the above notice, the next person was in the room, he was slicking, and caused the Defendant to remove the wall owned by the victim three times and damage it to the unrest repair cost for the incidental estimate.

Summary of Evidence

[2016 Highest 5184]

1. Statement by the defendant in court;

1. Written statements of D;

1. Receipts:

1. On-site photographs (2016 Height 5836);

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on field photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of the sentencing [the scope of recommendation] under Article 62-2 of the Act on the Punishment of Crimes No. 1. [the scope of punishment] under Article 62-2 of the Act on the Punishment of Specific Crimes (Article 62-2 of the Act on the Punishment of Specific Crimes (Article 62 of the Act on the Punishment of Specific Crimes). The general criteria for the mitigated area (Article 1 to 6 months) (Article 2 of the Act on the Punishment of Specific Crimes). The mitigated area (Article 1 to 6 months) (Article 1 of the Act on the Punishment of Specific Crimes (Article 1 of the Act on the Punishment of Specific Crimes): The details and methods of the crimes of the defendant, the degree of damage caused by the defendant's crime, the circumstances after the crime was committed (Article 62-2 of the Act on the Punishment of the defendant), the defendant's reflector attitude, health status (Article 2 of the Act on the Punishment of Specific Crimes).