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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3197
특수재물손괴미수등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. On October 8, 2019, the Defendant attempted to destroy or damage special property, and attempted to commit an attempted crime, even if the Defendant’s wife D, in front of the Victim C (the 75 years of age, women)’s house located in Gyeonggi-si (the 75 years of age, and women), was satisfyed with the fact that the Defendant’s wife D was satisfing in the victim’s house, which is a dangerous object that had been satisfing in the victim’s house, several times, and attempted to damage the victim’s house satisfys in the market.

2. On October 8, 2019, at around 20:05, the Defendant: (a) took a bath to the Victim F (the 65-year-old age), who was prone in front of E in the event of the Gyeonggi War, stating “the f5-year-old person f5-old person flicked flick flick flick flick flick flick flick flick flick flick flick flick

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Investigation report (to hear statements by victim C telephone and change the rate);

1. Application of Acts and subordinate statutes to damaged articles and photographs of criminal tools;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 371, 369(1), and 366 of the Criminal Act concerning the choice of punishment (the commission of attempted destruction and damage of special objects), Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment with prison labor for each of the following reasons:

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

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

(a) Group 1 crime (Special Intimidation) (Special Intimidation) (Determination of Punishment) and Intimidation [Type 4] and no repeated crime, special intimidation (Special Intimidation) (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and April through January 16;

(b)the sentencing guidelines are not applied to attempted crimes of Type 2 (Special Destruction and Damage) but will be considered for reference.

[Determination of Punishment] Destruction Crime, Special Destruction and Damage [Type 1] Cumulative Offense, Special Damage and Damage (Special Convicted Person] mitigated element: Punishment not(including a serious effort to recover damage) or significant damage.

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