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(영문) 울산지방법원 2017.03.14 2017고단233

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On November 5, 2015, the defendant was sentenced to a suspended sentence of two years for a reason of obstructing the performance of official duties and obstructing the performance of duties at the Ulsan District Court on June, 2015, and such judgment becomes final and conclusive on November 13, 2015, and is currently under suspended sentence.

On January 6, 2017, the Defendant requested repair of the above studio 301, which is the Defendant’s residence in Ulsan-gu, Ulsan-gu, Seoul-do. However, on the ground that the victim failed to repair the above studio 102, 301, and 302, the Defendant set the entrance door of the above studio 102, 301, and 302. On his hand, the Defendant destroyed the above studio 102, 203 by cutting down the front studs of the above studio 102, and 203 to cover approximately KRW 990,000 for repair expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation reports, photographs, investigation reports (Attachment of estimates), and investigation reports (verification of the intent, etc. to punish the other party suspect of the victim);

1. Previous convictions: References to inquiries, such as criminal history, reporting on the results of investigation, reporting on the results of investigation (period of suspension of execution and examination of the same kind of force);

1. The relevant Article of the Criminal Act, Article 366 of the Criminal Act, the grounds for sentencing of the punishment of imprisonment, and the reasons for choosing the punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Application of the sentencing guidelines [types] - Class 1 (Special Sentencings, etc.) - (Special Sentencings) - In the event that punishment of mitigation elements (including serious efforts to recover damage) or significant damage has been restored [decision in the sphere of recommendation] / [decision in the sphere of recommendation] 1 month to 6 months [whether suspended sentence is suspended] - Where a person committed a crime by force of a negative organization or multiple groups, or carried with a deadly weapon or other dangerous articles, or where a person committed a crime by carrying a deadly weapon or other dangerous articles with a deadly weapon or other dangerous articles: Where the principal reason for suspension of execution is positive punishment unwritten (including a serious effort to recover damage) or substantial damage has been restored - Where the reason for suspension of execution is not less than twice negative

3. Determination of sentence:

참조조문