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(영문) 전주지방법원 2017.10.13 2017고단1488
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2017, the Defendant: (a) around 21:14, around 2017, on the road of “D” located in Yusan-gu Seoul Special Metropolitan City, on the road of “D”, and (b) on the road of “D”, on the ground that the victim E thought that he/she had a relationship with him/her as his/her connected with another person, brought about about about about KRW 140 cm, which is a dangerous thing in the vicinity of the victim’s home, and damaged the Defendant’s repair cost to bring about KRW 1,414,520 in front of the F-Adi vehicle owned by the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation reports (on-site situations, etc.);

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and non-permanent photographs;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

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. Reviewing the sentencing guidelines [the scope of the recommended punishment]; category 1 (Habitual, repeated, special damage, etc.) of habitual, repeated, and special damage; no penalty is imposed for the mitigated area (4 months to 10 months) (a person who is subject to special mitigation) (a person who is subject to special mitigation) of the sentencing guidelines;

2. There are favorable circumstances in which the defendant recognized the crime of this case, the fact that the defendant agreed with the victim, and the defendant has no history of criminal punishment exceeding a fine.

The crime of this case is likely to cause damage to the glass of a motor vehicle due to the fact that it is dangerous for the criminal defendant to commit the crime of this case, and there is a history of criminal punishment due to violent crimes.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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