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(영문) 의정부지방법원 2017.07.12 2017고단2088

재물손괴

Text

A defendant shall be punished by imprisonment for four 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 April 26, 2017, the Defendant damaged the victim C, which is owned by the victim B and the latter part of the propelled vehicle, by drinking the vehicle in his/her own possession, and then destroying the repair cost, without any justifiable reason, in front of the two weeks located in the south-dong 1, the Southern-dong, the Nam-dong, the Nam-dong, the Nam-dong, the Nam-dong, the Nam-dong, the Nam-dong, and the Defendant damaged the Defendant to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against B; and

1. The application of each of the Acts and subordinate statutes to the investigation report (for the verification ofCCTV), CD images (CCTV) and video images;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing as set forth below) of the suspended sentence (the scope of statutory applicable sentences), imprisonment with prison labor for not more than three years (decision of type), [the person who is subject to special sentencing] mitigation element of punishment (the scope of recommending punishment): Non-exclusive mitigation element of punishment (the scope of recommending punishment): Not more than six months: Imprisonment with prison labor for not more than six months (decision of sentencing) (the defendant for one year of suspended sentence) was already subject to criminal punishment for the same kind of crime, such as the power of punishment for the same kind of crime, but the defendant again damaged another person's property without any special reason despite

However, in consideration of the fact that the defendant led to the crime and the fact that the victim agreed to pay 1.5 million won (the evidence record 42,43 pages) the defendant shall be sentenced to imprisonment, but the execution thereof shall be suspended.