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(영문) 수원지방법원 안산지원 2019.08.14 2019고단2364
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 00:00 on May 19, 2019, the Defendant stated “victim D” in the indictment of a victim who was unable to know his/her name while engaging in a dispute with his/her friendship B hotel C in Ansan-si, the Defendant destroyed the TV screen to be admitted ex officio on the ground that according to the evidence submitted by the prosecutor, D proves that he/she was an employee of the said hotel and there is no evidence to identify the operator of the said hotel. Meanwhile, even if recognized as above without changing the indictment, it is determined that there is no possibility of undermining the identity of the facts charged or causing any substantial disadvantage to the Defendant’s right to defense.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Taking into account all the circumstances, including the following factors: the reason for sentencing under Article 62(1) of the Criminal Act (the decision of a sentence) and the general criteria for the damage of category 1 (the damage, etc. to property); - the area of mitigation [the decision of the recommended area] mitigation [the scope of recommendation area] mitigation area / [the decision of a sentence] January - 6 [the decision of a sentence] above sentencing factors and the defendant recognized their mistake; on the other hand, there are considerable considerable records of criminal punishment including the same criminal record.

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