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(영문) 수원지방법원 평택지원 2017.04.26 2016고단2376
재물손괴등
Text

A defendant shall be punished by imprisonment for 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. On August 26, 2016, at around 01:50, the Defendant damaged the cargo vehicle owned by the victim to require repair cost of KRW 85,000, when he/she went through a female-friendly dispute with a female-friendly vehicle in front of Pyeongtaek-si B, but was parked adjacent to it.

2. The Defendant damaged a special property: (a) drive the E-Wn-Wn-Wn-Wn-on vehicle in front of the elementary school on the six-day service day prior to the day set forth in the preceding paragraph at around 02:20 on the same day; (b) destroyed the victim F-Wn-ri vehicle, the victim H-owned passenger vehicle, the victim H-owned passenger vehicle, the victim H-W-owned passenger vehicle, the victim MW-owned passenger vehicle in front of the Defendant’s vehicle; (c) destroyed the victim F-W vehicle, the victim H-owned passenger vehicle in front of the Defendant’s vehicle; (d) damaged the victim H’s vehicle in front of the Defendant’s vehicle; and (e) damaged the victim H’s vehicle in need of repair KRW 369,270; and (e) damaged the victim’s left part of the victim L-Wn-owned passenger vehicle.

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, J, L, F, and H;

1. A detailed statement of inspection and maintenance of each motor vehicle, and written estimate of insurance repair costs;

1. Application of each statute on photographs;

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

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 (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 1 (Habitual, repeated, and special damage) (Habitual, repeated, special damage, etc.) in the mitigation area (4 months to 10 months), which is not subject to punishment (special mitigation) in the mitigated area (4 months to 10 months);

(b) 2 offences [the scope of recommendations].

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