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(영문) 부산지방법원 동부지원 2018.09.20 2018고단345

특수재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2017, around 16:50 on August 16:50, 2017, the Defendant: (a) voluntarily stopped on the front side of the Busan metropolitan area, and stopped on the ground that it is bad for the Defendant to drink and keep the water in custody of the Defendant, which is a dangerous object after Oratob, and stopped after the Oratob, on the ground that the Defendant was under the influence of alcohol; (b) on the front side of the Busan metropolitan area, the Defendant: (c) caused the damage of 35,750 won of the main NA5 car owned by the Defendant; and (d) caused the damage of the crin and the fluter of the said car to the extent that the repair cost of the said car is sufficient; and (c) then, (c) expressed the said victim, and (d) made the said damage.

“In doing so, the said victim threatened the said victim as to whether he or she puts his hand into the fatus.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on an investigation, a report on an investigation (or a relative investigation of a victim, etc.), and a report on an investigation (or an investigation

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (a) of the Criminal Act that prescribes the choice of punishment (a special intimidation, choice of imprisonment), Articles 369(1) and 366 (a) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance, where the Defendant did not agree with the victim and did not endeavor to recover from damage, such as: (a) the nature of the crime is bad; (b) the Defendant’s violent crime was committed three times, including three times a sentence; and (c) the Defendant did not endeavor to recover from damage.

However, the fact that the defendant recognizes the facts charged and is against the defendant, the fact that the criminal records of violence of the defendant are before about 15 years, and the damage is not very significant.