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(영문) 광주지방법원 순천지원 2020.03.25 2020고단438
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) is a dynamic of the victim B (n, 61 years of age); (b) thought that the victim would not help himself/herself, while leaving economic leave; (c) held that he/she did not help him/her; and (d) on February 15, 2020, around 15:20, the Defendant laid down the entrance door, windows, and NAS vehicles parked at the entrance of the victim who was parked.

On the other hand, the Defendant continued to collect navigation lids (name 60 cm), which are dangerous objects, from each other, and collected the above vehicle toward the air, and again collected navigation lids, which are dangerous objects, as the king, as the case may be, dangerous objects, and collected lids from the dwelling space.

2. At around 18:05 on the same day, the Defendant: (a) opened a gate at the same place; (b) opened the gate; (c) opened the gate; (d) opened the gate; (d) opened the gate; and (e) opened the gate; (e) opened the gate; and (e) opened the gate; and (e) laid down two iron chairss, a dangerous

As a result, the Defendant damaged the total amount of 3,524,079 won of the property owned by the victim, such as the number of the above vehicle to be 2,424,079 won.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. As to the report on internal investigation (as to the attachment of photographs):

1. Investigation report (Securing ofCCTV image data, etc.);

1. The application of Acts and subordinate statutes to a investigation report (in cases of attaching a quotation, such as a glass, etc.);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense (the point of causing special destruction and damage, and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Punishment). Cumulative Crime and Special Destruction and Damage (Type 1) (Special Destruction and Damage) (Special Destruction and Damage).

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