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(영문) 대구지방법원 서부지원 2018.03.06 2017고단548
재물손괴
Text

A defendant shall be punished by imprisonment for not less than two 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 November 16, 2017, the Defendant was sentenced to four months of imprisonment with prison labor and two years of suspended execution due to the crime committed by the Daegu District Court, and the judgment became final and conclusive on the 24th of the same month.

Criminal facts

On January 22, 2017, around 01:50, the Defendant borrowed money from a public telephone room located in the Seo-gu, Daegu-gu, Daegu-gu, to C via a public telephone, but was rejected. However, the Defendant left one of the public telephone delivery equipment owned by the victim corporation, KTinger Co., Ltd., which was cited by the Defendant, to 22,00 won repair cost, and damaged it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and estimates;

1. A report on investigation (the confirmation of a victim);

1. Previous convictions: Inquiry of criminal history, confirmation of minor convictions, and application of Acts and subordinate statutes significantly to this court;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act on the Suspension of Execution (that there is no record of punishment exceeding a fine against the defendant; that of the crime in this case, the crime in this case is one of the concurrent crimes after Article 37 of the Criminal Act with the crime record stated in the judgment, the equity between the judgment at the same time should be taken into account; and that the defendant seems to be suffering from alcohol respect and depression, and thus being hospitalized);

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