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(영문) 춘천지방법원 속초지원 2018.11.07 2018고단66
특수재물손괴
Text

A defendant shall be punished by imprisonment for 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

【Criminal Records of Crimes】 On February 23, 2017, the Defendant received a summary order of KRW 300,000 as a fine for the crime of property damage from the first branch of the Chuncheon District Court on February 23, 2017 and a fine of KRW 300,000 as a fine in the same court on June 30, 2017.

【Criminal facts indicated in the written indictment of the victim C, which is located in Sincho-si B around January 18, 2018, the victim’s name is indicated as “D” but according to the records, this appears to be a clerical error in the “C”, and it is deemed that there is no substantial disadvantage to the defendant’s exercise of his/her right of defense, and thus, it is corrected ex officio.

After finding at the house, it damages the front door glass owned by the victim so that the repair cost of 100,000 won can be moved in the front door glass of the block (37 cm wide, 15 cm long) which is a dangerous object for the reason that the victim does not receive the telephone continuously.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Written estimate;

1. Application of Acts and subordinate statutes on bricks;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize the defendant as a crime, compensates for the damage, the defendant has been punished for property damage twice, although there is no record of punishment exceeding a fine, there is a need to keep him/her light on the drinking habits of the defendant who repeatedly damages another's property, and other all kinds of sentencing conditions such as the defendant's age, sex, environment, circumstances, means and consequence of the crime, after considering the circumstances after the crime, etc., shall be determined as ordered by the order.

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