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(영문) 서울북부지방법원 2018.04.20 2017고단5578

재물손괴

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2017, the Defendant: (a) around 03:10 on December 10, 2017, around 103:0, on the 4th floor of Dobong-gu Seoul Metropolitan Government Btel 103 and 4th floor, left the elevator door that was installed there, so that the elevator would not operate normally; (b) thereby, the Defendant would have the usefulness of the property managed by the victim Btel management office.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (the elevator manager's telephone conversations without preparing written statements by victims);

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

1. The crime of this case for the reason of sentencing under Article 62 (1) of the suspended execution of the Criminal Act is determined as ordered in consideration of the following factors: the crime of this case is deemed to damage elevators used by many occupants; there is no good quality of the crime; the two times of punishment for the damaged crime; the victim does not want the punishment of the defendant; the victim does not want it; and the sentencing conditions under Article 51 of the Criminal Act, which are revealed in the record