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(영문) 서울북부지방법원 2017.08.23 2017고단2655
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 14:50 on April 12, 2017, the Defendant: (a) destroyed the property of the victim amounting to KRW 1.3 million in total by 1.3 million by putting the victim at a D restaurant operated by the Seoul Central-gu Seoul Central-gu B Victim C, namely, “Ilve, Ilved, Ilved,” etc. while under the influence of alcohol, but the victim did not respond thereto; (b) cutting the tweet on the table on the table on the ground that the victim did not respond thereto; (c) cutting the table on his hand; (d) cutting the tweet on his hand; and (d) cutting the twelve on the floor; and (d) cutting the twelve on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on the site photographs of the case

1. Article 366 of the Criminal Act applicable to the crimes;

1. Where the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] is the mitigated area (one month to six months), (i.e., damage, etc.), (i., a person specially mitigated), (including efforts to recover damage), or considerable damage has been restored, (i.e., a decision of sentencing] the defendant who committed the instant crime several times of violent crimes, and (ii) the defendant does not repeat again, and (iii) the defendant does not commit the instant crime, such as the circumstance that the defendant committed the instant crime, and (iv) the victim does not want the punishment, comprehensively considering favorable circumstances, such as the victim’s refusal to want the punishment, and (v) determine the

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