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(영문) 대구지방법원 2018.07.13 2018고단2253
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 23, 2018, the Defendant, at around 21:20, damaged the 2015,656 won of the repair cost by destroying the victim C-owned D Lastna car, which was parked with a dangerous object that he sawed in the middle of the Daegu Suwon-gu B, Daegu-gu, 2018, and caused a dispute.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Photographs;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the selection of punishment for the crime.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and [the scope of the recommended sentence] habitually, repeated crimes, special damage and destruction area (Habitual, repeated crimes, special damage, etc.) of the mitigated area (4 months to 10 months) of the mitigated area (a person subject to special mitigation] of the punishment (a person subject to special mitigation], four months of imprisonment, suspension of execution, two years of the suspended execution, and observation of protection (a person with a high record of crime and a high risk of recidivism);

As such, an order shall be issued for the observation of protection under the condition of suspension of execution.

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