2016 Highest 4123 Property damage and damage

A person shall be appointed.

○○ (Lawsuits) and ○○ (Public Trial)

Attorneys OOO (KO)

December 22, 2016

A defendant shall be punished by imprisonment for not more than four months.

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

To order the accused to take probation and a lecture for alcohol treatment for 40 hours.

Facts of crime

On July 24, 2016: around 20 20: around 20, the Defendant damaged the property that KRW 442,860 of the repair cost by putting an employee out of the convenience store ( approximately KRW 2m X 2m X 0.5mm) and destroying the convenience store in front of the convenience store ( approximately KRW 2m X 0.5m).

At around 22:50 on the same day, the Defendant tried to smoke in tobacco within the convenience store, and had his/her employees go away from the above convenience store, but he/she was able to dump the floor by pushing his/her seat above the convenience store with his/her hand, and damaged the property so that 438,400 won of the cost of repair may be moved.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. Photographs of damaged articles;

1. An investigation report (Submission of a written estimate, etc. of facts of damage);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 366 of the Criminal Act, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Orders for probation and education;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for a period of one month to four years;

2. Scope of recommendations according to the sentencing criteria;

[Scope of Recommendation Form 1 (Property Damage, etc.)

[Special Mitigations] Ad Hoc (including serious efforts to recover damage)

3. Determination of sentence;

The punishment as ordered shall be determined by taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the age, family relationship, and tendency of the defendant:

The favorable circumstances for ○: The defendant is divided into and reflected in his crime, and the defendant made efforts to recover the damage by paying 80,000 won to the victim after the prosecution, and the written agreement in which the victim's intention not to punish has been submitted, etc.

○ Unfavorable circumstances: The Defendant’s repeated damage of property, such as destroying the convenience store in the operation of the victim, leaving the convenience store, leaving the convenience store, leaving the convenience store again to 30 minutes after leaving the convenience store, leaving the convenience store, leaving the above convenience store again, leaving the above convenience store, etc.; on September 12, 2013, the Defendant was sentenced to a fine of KRW 500,000 by the Seoul Central District Court on September 12, 2013; and the Defendant was sentenced

Judges Kim Jong-ran