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(영문) 춘천지방법원 속초지원 2016.03.16 2015고단279
재물손괴
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2, 2015, the Defendant: (a) destroyed that the victim E, while under the influence of alcohol, refused to “demanding KRW 100,000 that the Defendant lent to the victim’s speech; (b) had the trustor at his/her discretion toward the said multiple glass and shocking network, which is the victim’s ownership; and (c) had damaged the said glass and shocking network to repair KRW 80,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are against the defendant, the agreed point of view with the victim is favorable to the defendant, or the defendant has many records of punishment for the same kind of crime, including the defendant's age, sex, sex, occupation, living environment, motive, means and consequence of the crime, and all the circumstances that conditions for sentencing are attached to the crime shall be determined as ordered.

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