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(영문) 광주지방법원 장흥지원 2018.01.25 2017고단175

특수재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. Around June 21, 2017, the Defendant destroyed special property by cutting off the ice ices in the market in the U.S., the market price, the victim owned by the Defendant, in a reconcing manner, at the front of the Defendant’s house located in Jinjin-gun, Jinjin-gun, Seoul, on the ground that the Defendant appears to have sprink (e.g., 50 years old) throughout the access road to the water in this dry field, for the purpose of waiting for water.

2. A special intimidation: (a) at the time and place above; (b) at the victim’s hand, frightened the Defendant’s flaps and prevented the Defendant’s act; and (c) as such, the victim’s flaps and flabededed the victim’s flaps, which are dangerous things to left hand, thereby threatening the victim.

Summary of Evidence

No. 1 of the Judgment

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Two crimes of holding on-site photographs;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. On-site photographs (the defendant and his defense counsel asserted that there is no threat to the victim by improving the defendant, but if the victim's statement is consistent with the investigation agency to the court, and considering specific facts, the defendant's criminal facts can be found guilty, and this part of the argument is not accepted).

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for the crime, and 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

The factors of sentencing that are favorable: credit cooperatives.