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(영문) 광주지방법원 2018.08.22 2018고단827

특수재물손괴

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

On February 25, 2018, around 01:10, the Defendant collected stones (15 cm in length) that are dangerous things around the victim C, in front of the victim C’s residence located in Young-gun B, Nam-gun, and damaged the entrance door of the above residence, which is the victim’s ownership, on the ground that the door was not opened.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing in favor of the defendant under Article 62(1) of the suspended sentence - The fact that the defendant has recognized his/her mistake, that he/she has agreed with the victim - Circumstances unfavorable to him/her: The defendant is a crime of destroying property in 2016, that the defendant has been punished several times for the same crime, such as being punished for the crime of destroying property and violation of the Punishment of Violences, etc. Act (Assault, such as a group, deadly weapon, etc.) in 2013 as a crime of obstructing duties