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(영문) 서울북부지방법원 2017.02.02 2016고단4830

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 September 21, 2016, around 16:35, the Defendant entered “C cafeteria” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and destroyed it by cutting off a glass wall equivalent to 350,000 won at the market price of the victim’s possession, which is installed adjacent to the entrance of the above cafeteria, without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs damaged by property;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to three years; and

2. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria is the mitigated area (one month to six months of imprisonment), the punishment is not suspended (including serious efforts to recover damage), or a significant damage is recovered.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is divided into and reflected against his own crime, and the written agreement in which the victim's intention not to punish has been submitted after the prosecution: The circumstances leading to the crime of this case; the defendant was sentenced to a fine of one million won for the crime of property damage at the Seoul Northern District Court on July 19, 2016; and the defendant was sentenced to a fine of one million won for the crime of property damage at the Seoul Northern District Court on February 19, 2016;