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(영문) 제주지방법원 2017.11.16 2017고단1640
재물손괴
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2017, at around 02:30, the Defendant damaged the amount of repair costs by breaking the protection apparatus of the television screen on the part of the victim, which was located in the second underground of B at Jeju, due to the drinking value problem.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act are all considered. In particular, various conditions for sentencing specified in the argument in the instant case are considered: (a) reflects the following conditions; (b) agree with the victim; (c) the amount of repair from the damage of property; and (d) the victim was first suffering from the beerer’s disease; (b) the crime of this case was committed even when several punishments were imposed for violent crimes (including two times the suspension of the execution of imprisonment with prison labor); and (c) the person was suffering from alcohol disease; and (d) the attitude of committing the crime was bad;

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