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(영문) 인천지방법원 2017.08.10 2016고단7210

재물손괴등

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.

(e).

Reasons

Punishment of the crime

1. On May 29, 2016, at around 13:10 on May 29, 2016, the Defendant: (a) had a computer body and monitor located in the field office on the ground that, under the influence of alcohol at the E-Construction Site Office managed by the victim D, the victim D, the Defendant destroyed the main body and monitor so that repair costs can be destroyed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Filing reports and the application of the Acts and subordinate statutes governing investigation reports;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general standards and the mitigation area (one month or six months from the date of damage, etc.) [the person subject to special mitigation] of punishment is not subject to punishment (including serious efforts to recover damage), or a significant damage is recovered;

2. Determination of sentence has a record of criminal punishment about 14 times due to the use of violence, etc., the fact that the defendant has been subject to criminal punishment several times in the same kind of property damage crime is against the disadvantage; the fact that the defendant has been subject to criminal punishment; the fact that he/she has agreed with the victim, etc. shall be considered in favorable circumstances; the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc. shall be determined as per the order in consideration

Rejection of Public Prosecution

1. On May 29, 2016, the Defendant, at around 13:10 on May 29, 2016, committed assault against the victim by putting in the ground floor the body and monitors of the victim, that the victim was engaged in gathering the body and monitors of the computer at the E-style construction site office managed by the victim D in Incheon Spojin-gun, Incheon.

2. Determination

(a) Crimes of non-violation of intention (Article 260(3) and (1) of the Criminal Act);

B. The victim expressed his intention not to punish him after the prosecution of this case

(c) dismissal of prosecution;