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(영문) 수원지방법원 여주지원 2017.09.15 2017고단1003

재물손괴

Text

A defendant shall be punished by imprisonment for not less than five 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

On July 19, 2017, around 19:10, the Defendant: (a) sounded “I wish to go to a prison” in front of D, which is under the influence of alcohol, in the influence of alcohol, at around 19:10, the Defendant destroyed the above glass windows to ensure that the Defendant 150,000 won of the repair cost of the vehicle by leaving the victim’s public telephone gambling room, which is owned by the victim’s company, as a storage engine.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Shot photographs of the site and damaged public telephones;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act, the choice of imprisonment and punishment for the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. From four months to ten months from the scope of the recommended punishment (the fact that significant damage has been recovered and the motive for committing a crime that may be criticized);

2. There is room to criticize the motive of the instant crime in that the instant crime was committed in order to be detained by the instant crime, which was committed in prison, and that there was another plan to commit another crime to be committed in prison prior to the instant crime.

However, it is decided as ordered in consideration of all the sentencing conditions under Article 51 of the Criminal Act, such as the fact that the defendant is aware of and against his/her own crime, the fact that the victim has repaid the damaged amount, the degree of damage, the defendant's age, sexual conduct, environment, etc.