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(영문) 대전지방법원 2016.09.01 2016고단1811

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

except that 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

The defendants are children of victims C(57 years of age).

On March 26, 2016, at around 02:05, the Defendant returned home in a drunken state to the residence located in Daejeon Seo-gu Daejeon, Daejeon, on the ground that the victim does not open the door due to locking, cut off two parts of the front door glass of the Defendant with plastic apparatus, destroyed a brupted flad, destroyed a brue, cut down a smell, and snick down.

In this respect, the Defendant damaged 2 copies of the front door glass of the city owned by the victim, as soon as possible, one fladder, and one smell.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. 112 Notification to a department related to the report of the case;

1. A report on investigation;

1. Results of investigation (to hear statements from victims);

1. Application of statutes on field photographs;

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) of the suspended sentence is the time when and against the defendant committed the instant crime, the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, the fact that the defendant does not have any criminal record exceeding the fine is poor in light of the circumstances favorable to the defendant. In light of the circumstances leading up to the instant crime, the fact that the defendant injured the victim before the occurrence of the instant crime, and that the defendant was punished for the crime of injury to the victim prior to the occurrence of the instant crime, which led to the injury that the defendant had been punished for the crime of injury to the victim, etc., the punishment should be determined as ordered by taking into comprehensive account the conditions of all the sentencing prescribed in Article 51 of the Criminal Act, such as the defendant’s age, character and behavior, environment, motive, means and consequence, the circumstances before and after the instant crime, etc.,