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(영문) 청주지방법원 2019.10.24 2019고단558

특수재물손괴

Text

A defendant shall be punished by imprisonment for six 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

[criminal power] The Defendant is a person who was sentenced to a suspended sentence of ten months for criminal fraud at the Daejeon District Court on September 28, 2017, and the said judgment became final and conclusive on October 11, 2017, and is currently under the grace period.

【Criminal Facts】

On September 28, 2018, from around 20:30 to 21:00 on the same day, the Defendant: (a) in the Cheongju-si Underground Parking Lots located in the Cheongju-si, the Defendant: (b) had the victim and the victim start the same business with the Plaintiff; (c) discovered the DA5 car owned by the victim who was parked at that place; (d) caused the victim to open it before the right side of the said car by using a kacker, which is a dangerous object; (c) opened the knife; and (d) opened the knife by pushing the knife with the driver’s seat; and (d) broken the knife so that the knife can be set off in the knife.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. Photographs photographs of damaged vehicles and reports on the occurrence thereof;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, including criminal records;

1. Relevant Articles 369 (1) and 366 of the Criminal Act and Articles 366 of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case is not good in light of the background and method of the crime of this case, the defendant committed the crime of this case during the suspended execution period, and the circumstances favorable to the defendant that have not been agreed with the victim: The defendant recognized all of the crimes of this case and reflects all of the crimes of this case, and all other circumstances, including the defendant's age, character and behavior, environment, conditions before and after the crime, etc., shall be determined as ordered by the order.