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(영문) 청주지방법원 2018.10.11 2017고단2320
특수재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a teaching relationship with the victim B (n, 36 years of age) and around May 2017.

1. Around 03:00 on August 1, 2017, the Defendant: (a) found a victim under the influence of alcohol in the residence of the victim located in Heung-gu, Chungcheongnam-gu; and (b) opened the entrance door shacker by hand, who did not contact the victim; (c) opened the wall, which is a dangerous object in the surrounding area, with the inside door and the shock network of the victim’s residence; and (d) continuously cut a small glass and the shock network into a blue, thereby damaging the victim’s property to require a total of 240,000 won of the repair cost.

2. On August 4, 2017, the Defendant who damaged property found the victim’s residence while under the influence of alcohol around 04:30 on August 4, 2017 and damaged the victim’s property by cutting the glass and shocking network of the window in the victim’s residence on the ground that other male voices run.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (report on the victim's wire currency);

1. A report on damage;

1. Each damaged photograph;

1. Application of written estimates and written estimates for damage;

1. Relevant Articles 369(1) and 366 of the Criminal Act concerning facts constituting an offense, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are not good, and there are criminal records of the same kind of fine, but the amount of damage is not so big, the fact that the amount of damage is not so big, and the attitude of recognizing and reflecting the mistake, and other factors of sentencing under Article 51 of the Criminal Act, as set forth in the Disposition.

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