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(영문) 춘천지방법원 강릉지원 2018.11.01 2018고단914

특수재물손괴

Text

A defendant shall be punished by imprisonment for six 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

1. On September 9, 2018, the Defendant: (a) placed in front of the latter part of the building in Gangseo-si, Chungcheongnam-si; (b) placed in front of the latter part of the building in YM6, a dangerous object under the influence of alcohol, without any particular reason; and (c) placed in the front part of the E QM6 car, the victim D, who was parked in the said gate, damaged the said vehicle in a way that the repair cost would amount to 2.5 million won.

2. The Defendant, while under the influence of alcohol and without any particular reason, destroyed the said vehicle by putting the asphalt stones into his hand, which is a dangerous object at the time, place, and without any specific reason. The Defendant, a victim F, who was parked in the said stone, destroyed the said vehicle with the repair cost of eight million won in front of the passenger car.

3. The Defendant, in front of the “I” warehouse for the operation of the Victim H, which is located in Gangseo-si, Chungcheongnam-si, and while under the influence of alcohol, string the ice, which is a dangerous object from the said place without any justifiable reason. The Defendant saw the ice as his hand, and she saw the ice door and the entrance into the said gate, thereby damaging the 200,000 won of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, D, and J;

1. A report on investigation;

1. A criminal investigation report (in cases of reporting 112 attached four copies of the table to handle the reported case);

1. Investigation report (to attach photographs of damaged vehicles for victim D and victim F);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of images of victim D and victim Fable video stuffs);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The circumstances favorable to the fact that the crime was committed with dangerous articles without any special reason, and thus the nature of the crime is not good: the defendant is divided into and reflected in his own crime, and the victim D and H are the victims.