beta
(영문) 대구지방법원 서부지원 2016.02.04 2015고단2167

특수재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant: (a) was in Daegu-gun B around 11:00; (b) was in the D plant operated by the Defendant, the Defendant, the Defendant’s convicted Victim C (61, ); and (c) was in the D plant operated by the Defendant on the ground that the Defendant was not frightening to the usual house; (d) was using a cutting machine (Evidence 2) which is a dangerous object in the said plant, and was in possession of the victim, thereby damaging the front glass of the rocketing or other car, which is the victim’s ownership, to ensure that the repair cost would be equal to 3.5 million won; and (e) the Defendant continued to take the kitchen (Evidence 1) which is a dangerous object at the restaurant of the said factory, “picker.”

“In doing so, as in the context of the victim’s ship, the victim was threatened.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Investigation report (Attachment of a written estimate for inspection and maintenance of a motor vehicle), investigation report (Attachment of a photograph of damaged motor vehicle), investigation report (Attachment of a victim's body photograph and a deadly weapon photograph);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 369 (1), Article 366, Article 284, and Article 283 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution (the confession and the attitude against the defendant appears, the crime of this case was brought about by the defendant, who is the birth of the victim, in a contingency, and the victim's failure to punish the defendant, etc.);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;