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(영문) 전주지방법원 군산지원 2020.02.07 2019고단1069

특수재물손괴

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On July 22, 2019, the Defendant: (a) around 22:14, on the ground that the victim D (e.g., 72 years of age) residing in the Gunsan B apartment C, and the victim D (e.g., 72 years of age) did not turn off and shut down the door door door door door, which is a dangerous object, was damaged by the Defendant’s loss of the entrance door door door at approximately KRW 340,000, which is the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the damage of the apartment entrance door knobs of the victim's residence due to a dangerous object by the defendant is likely to require strict punishment in light of the method of the crime. Although the risk is high in light of the method of the crime, property damage caused by the crime of this case cannot be said to be serious. However, the victim complained of mental suffering, such as uneasiness, etc. due to the crime of this case, but the victim did not agree with the victim or have not been used for the crime is disadvantageous sentencing factors, and it appears that the defendant suffered mental illness and alcohol, and that the defendant suffered from mental illness and alcohol, and that human beings such as the defendant's birth, etc. have been paying attention and guidance to the defendant's mental treatment, etc. are favorable sentencing factors.