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(영문) 의정부지방법원 2017.06.26 2017고단996
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to imprisonment with prison labor for the crime of assault and special intimidation by the Seoul Northern District Court on August, 2017, and the judgment became final and conclusive on February 11, 2017.

On February 10, 2017, the Defendant damaged the vehicle repair cost to have approximately KRW 300,000,000,000, on the ground of cement bricks, which are dangerous articles in the surrounding area, after discovering the vehicle of the Victim Co., Ltd., a good country owned by the victim Co., Ltd., which was parked in the Samsung Digital Fran parking lot located at the time of the Government of the Gyeonggi-si of the Gyeonggi-si on February 10, 2017, using cement bricks, which are dangerous articles in the surrounding area without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. In cases of investigation reports, photographs of damaged vehicles, photographs of damaged vehicles, photographs of damaged parts, cement brick photographs, investigation reports (the high-class national telephone call), investigation reports (the telephone call of a person in charge of the settlement of disputes), investigation reports, and images;

1. Previous convictions in judgment: Application of the respective Acts and subordinate statutes in which inquiries, such as criminal history, replys to inquiries, investigation reports (reports attached to the judgment), and inquiries are made;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) (the sentencing criteria shall not apply since there are concurrent crimes after Article 37 of the Criminal Act)

On February 3, 2017, the defendant was sentenced to two years of suspended sentence for the crime of assault and special intimidation in Seoul Northern District Court on February 3, 2017, but he was sentenced to two years of suspended sentence.

Therefore, the defendant will be sentenced to imprisonment.

Provided, That the execution of a sentence shall be suspended in consideration of the fact that the defendant led to an offense, the extent of damage is not significant, the case where the judgment is to be judged simultaneously with the case where the judgment becomes final and conclusive.

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