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(영문) 대구지방법원 서부지원 2019.01.22 2018고단1263
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 1, 2018, at around 16:28, the Defendant damaged the victim’s “D” store located in Seogugu, Daegu, “Sgu,” “D,” and the victim demanded that the Defendant move from the Defendant, and the victim was able to ask for a change in the location of the Defendant, and the market price of 153,500 won in the market price of the victim’s possession, which was located in the street floor, was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a photograph of on-site damage), investigation report (Attachment of a receipt of damaged goods);

1. Article 366 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. It is so decided as per Disposition in full view of all the circumstances such as the fact that the defendant's reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution recognized his mistake and against his reflects that he will not repeat again, that the victim has agreed with the victim (the victim does not want the punishment against the defendant), that the degree of damage is relatively minor, that the degree of health is not good (the victim's disorder, etc. with alcohol dependence), that it is difficult to economic circumstances (such as recipients of basic life), circumstances leading to the crime, degree of the crime, prosecutor's old sentence (two years of suspended sentence in six months of imprisonment).

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