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(영문) 대구지방법원 서부지원 2019.09.04 2019고단897
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 11, 2017, the Defendant leased and resided in the Victim C’s Studio E owned by the Victim C located in the Gyeong-gun, Seongbuk-gun, and the lease contract was terminated on November 10, 2018, and the Defendant was not paid monthly rent from January 2019 to receive a notice of termination of the lease contract from the victim.

On March 21, 2019, the Defendant: (a) around 17:15, the studio E, which is a dangerous object for the foregoing reason, destroyed the walls in the studio owned by the victim for repair costs of KRW 2,840,000, by putting about about 43cm in the studio.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each internal investigation report or investigation report (the sequence 4, 6, 9, 13 in the evidence list);

1. Each photograph (Nos. 5, 10 of the evidence list);

1. Application of the written estimate statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The act itself is recognized, taking into account all the circumstances, such as the use of dangerous things, the damage therefrom, the fact that there is no recovery from damage, and the fact that there is a fine for violent crimes: the defendant's health status, the defendant's age, character and behavior, environment, the motive and circumstances of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., and all the circumstances, which form the conditions for sentencing as shown in the argument of

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