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(영문) 대구지방법원 포항지원 2019.11.27 2019고단1197

특수재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. From August 4, 2019, the Defendant: (a) around 18:10 on August 4, 2019, the Defendant: (b) destroyed the victim’s property by using fire extinguishers, which is a dangerous object at the stopping place, on the ground that, in front of the “ machine terminal” located in the machine 52, a machine installed in North-gu, North-gu, mechanical machine, 52 at a time, the victim B (n, 48 years of age) thrown away from his house without any horses, and then putting the victim’s property at a stop for repair to cover KRW 2,487,252 of the repair cost.

2. At around 18:40 on August 4, 2019, the Defendant damaged a special public article, the Defendant: (a) voluntarily accompanied the said eabbs in front of the police box located in the north-gu, North Korea; (b) and (c) obstructed tobacco while taking an examination by voluntarily accompanying the said ebbs in front of the said police box; and (d) took a look at a dangerous object outside of the police box, which was parked on the way, and damaged the said public article so that the repair cost would amount to approximately KRW 986,00,000, KRW 986,000, the front of the 112 patrol which was parked on the parking box.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. Damage photographs, criminal tools photographs, CCTV photographs, and CCTV images CDs;

1. Application of each written estimate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 369(1) and 366 of the Criminal Act that choose a penalty, Articles 144(1) and 141(1) of the Criminal Act (a point where goods for special use are damaged) of the Criminal Act, and the choice of imprisonment for each sentence;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant agreed with the victim B, accepted the police patrol vehicle, and recognized the defendant's error.