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(영문) 수원지방법원 여주지원 2016.11.15 2016고단930

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

However, 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

On August 2, 2016, at around 23:08, the Defendant left the entrance and the glass wall in two hand on the ground that the business hours have been terminated at the 365cop from the e.g., Lee Dong-dong branch of Leecheon-si, Leecheon-si to automatically open the entrance door to automatically open the entrance, and that the entrance and the glass wall have been set up at the entrance on the three short term of documents set up therein.

As a result, the Defendant destroyed the document short-term amounting to 767,00 won of the market price owned by the victim, glass walls, and the market price of 352,00 won of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site inspections;

1. Application of written estimate of damaged goods;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Standard of Punishment in the mitigated area (1 to 6 months), the punishment is not granted (including any serious effort to recover damage), or a significant damage has been restored [Pronouncement Decision] The defendant has a record of having been sentenced to 2 years of suspended sentence in October due to the crime of causing property damage, etc. even in June 2010. The case also includes the fact that the defendant was committed at the time of his criminal act, including the fact that he was committed in compliance with the instruction of the staff of the guard company or was able to wait for their dispatch, and that the defendant was committed immediately, even if he was paid the amount of damage and the victim did not wish to punish the defendant, considering the favorable circumstances such as the defendant's age, family environment, motive, means and result of the criminal act, etc.