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(영문) 서울북부지방법원 2017.09.20 2017고단2533
재물손괴
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A defendant shall be punished by imprisonment with prison labor for up to 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

On May 24, 2017, at around 21:50, the Defendant: (a) was required to turn off a way from the victim E (23) who drives a motor vehicle while drinking alcohol in the middle of alley under the influence of alcohol after drinking alcohol at the Defendant’s day along with the Defendant’s drinking house; (b) around 21:50 on the alleyway, which is a one-way route adjacent to the restaurant of “C” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; and (c) caused damage to the Defendant’s repair cost to have approximately KRW 2,80,000,000,000, in diameter, of the said motor vehicle owned by the victim by making the said passenger car powder potable a drinking mainly on the off-line glass.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written estimate for automobile maintenance and inspection;

1. Application of Acts and subordinate statutes on demand for automobile glass;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 366 of the choice of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] does not exist [the person subject to special sentencing] in the basic area of category 1 (property damage, etc.] [the decision subject to sentencing] [the decision subject to sentencing] [the defendant has a history of having been punished several times by violence, the amount of damage has not been recovered from damage, the defendant's age, sexual behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the circumstances after the crime.

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