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(영문) 대전지방법원 2021.01.28 2020고단4754
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On October 29, 2020, the Defendant: (a) around 02:40 on July 29, 2020, around 02:0, around 02:00, the Defendant destroyed the elevator entrance so that approximately KRW 15,90,000,00 in the estimation of repair cost, when the Defendant stopped and shut off the elevator door by pushing C at the elevator entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written estimate investigation report (CCTV image) and the application of the Acts and subordinate statutes related to the case;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is to recognize the defendant's error, and the fact that the defendant paid elevator repair costs and agreed to do so are favorable to the defendant.

However, the Defendant destroyed the elevator using the general public at least 40 times, and the Defendant destroyed the elevator using the general public without any longer than the nature of the crime and the circumstances. The Defendant’s crime in this case led to heavy inconvenience and danger to the general public using the above elevator. The Defendant intentionally destroyed the elevator and intentionally requested rescue efforts in 119, resulting in unnecessary waste of fire-fighting personnel, and the Defendant already experienced four other criminal records.

In addition, the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, and all the circumstances shown in the records and arguments of this case shall be comprehensively considered, and the punishment shall be determined as ordered.

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