Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Criminal Power] On October 31, 2019, the Defendant was sentenced to a suspended sentence of two years on August 8, 2019 by the Incheon District Court for the crime of causing property damage, and the said judgment became final and conclusive on November 8, 2019.
【Criminal Facts】
1. From around 04:00 on July 20, 2019 to 05:0 on the same day, the Defendant destroyed the victim’s property so that the victim’s property may be damaged to cover the repair cost of vehicles in an amount equivalent to KRW 500,00,00 due to the lack of concrete prepared in advance for the part on the left side of the EM5 car owned by the victim D, which was parked in the Michuhol-gu Incheon, and in the front path of the C building.
2. The Defendant destroyed the victim’s property by providing the front and rear door parts of the victim H, which are parked in the front of GJ, in the Michuhol-gu Incheon Metropolitan City F, such as the statement in Paragraph 1, and the front and rear door parts of the ITR car owned by GJ, by means of the foregoing method.
3. The Defendant damaged the victim’s property by providing the victim’s property in front of, and back to, the right side of the MFFa car owned by the victim, which is parked in the Incheon Michuhol-guJ, and in front of, the “K building,” as described in paragraph 1, by means of the foregoing method.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Each statement of D or L;
1. A report of investigation (a copy of case records pending in trial);
1. Map of each photograph and crime scene;
1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), references to case standing, application of one copy of judgment, and application of Acts and subordinate statutes;
1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The crime of this case under the latter part of Article 39(1) of the Criminal Act, which was exempted from punishment, had no record of punishment until the time of the crime of this case, and the victim has not been much limited to three or individual damage, and has been recovered from damage