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(영문) 대구지방법원 2018.11.01 2018고단3479
공용물건손상등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a male-child-gu of C (male, 16 years of age).

C around April 1, 2018, visiting friendly job offers E (n, 22 years of age) and victim F (n, 21 years of age) in Daegu-gu D 103 around April 1, 2018.

1. On April 1, 2018, at around 06:00, the Defendant came to the residence of the victim E and the victim F in Daegu-gu Seoul-gu Seoul-gu D 103, and entered the said building’s corridor by gathering plastic smuggling, which is a dangerous object in the relevant building parking lot, on the ground that C’s fluoring a writing that slanders himself/herself on the north of the Pins, and caused a fire.

Accordingly, the defendant carried dangerous articles and invaded upon the victims' residence.

2. On April 1, 2018, the Defendant: (a) around 06:15, 2018, at the original studio of “D” in front of the said “D”; (b) while dialogueing with the said E, C opened and play a window by making it difficult for the said E to do so; (c) on the ground that the market price of the victim G owned by the victim G located in front of the Samdong-dong community service center in Daegu Jung-gu, Daegu, Seo-gu, Seoul, 200, putting the fire equivalent to KRW 2,00,000,

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. destructive photographs;

1. Application of Acts and subordinate statutes to report an investigation (to hear statements from the victim F phone), and to report an investigation (to hear statements from the victim Eline);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 320, 319 (1) of the Criminal Act (the point of special intrusion) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The circumstances favorable to the fact that each of the crimes of this case was committed despite the fact that the indictment was suspended and juvenile protective disposition was issued several times: The confession and reflect of each of the crimes, the victims and the victims have agreed smoothly, the fact that there was no past record of criminal punishment, and the defendant's age, sex, environment, family relationship.

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