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(영문) 울산지방법원 2014.02.13 2013고단2155
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:05 on April 29, 2013, the Defendant: (a) laid a stone on the front side of the Nam-gu Seoul Metropolitan City, Ulsan-gu, without any justifiable reason, to damage KRW 396,557 on the right side gate repair cost; (b) laid a stone on the front glass of the passenger car owned by the victim F, thereby damaging KRW 693,000 on the front glass exchange, etc.; and (c) subsequently, the Defendant destroyed the Defendant to damage KRW 1,218,092 on the repair cost, such as glass exchange, etc., on the front glass of the passenger taxi owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H, D, and F (including a written estimate to be attached at the end of each time);

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a small or medium taxi with the largest penalty);

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

1. Probation order given that the risk of recidivism is recognized in light of the details of the crime, criminal records, etc. by taking into account the fact that the vehicle under the reason for sentencing under Article 62-2 (1) of the Probation Criminal Act was faced with the vehicle under the reason for sentencing, and the risk of committing the crime was high, the damage was not entirely caused, and the recidivism was committed during the period of suspension of the execution of punishment due to an act of violence, etc., and considering the fact that the amount of damage is not large, etc., the risk of recidivism is recognized in light of the process

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