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(영문) 서울서부지방법원 2021.01.14 2020고단3607
특수재물손괴
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2020, the Defendant charged with the crime against the victim C at the front parking lot of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 03:28, charged with the crime of the victim C: (a) charged with the shacker chain (12m in diameter) with the shacker (12m in diameter) which is dangerous objects; (b) launched the knife onto the victim’s own car parked in the above parking lot; and (c) broken down two glass windows equivalent to KRW 300,000 in the market value.

Accordingly, the defendant, carrying a shot gun and hacks, which are dangerous goods, damaged the victim's property.

2. On October 25, 2020: around 02:19, the Defendant charged the Victim F with the crime at the Seodaemun-gu Seoul, Seodaemun-gu G and the 1st floor door, charged with the new studs (13m in diameter) to the new studs, which are dangerous objects, and broken down the front glass of the studs (3.5m in width x 2.2m in length) of the front glass of the studs, which is operated by the injured party on the studs of the road, toward the front glass of the studs operated by the injured party on the road.

Accordingly, the defendant, carrying a shot gun and hacks, which are dangerous goods, damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecutor's office or the police interrogation of the accused;

1. Statement made by the prosecution or police with respect to C and H;

1. Notification of each of the C and F’s 112 Incident Report-Related Department;

1. Protocols and lists of seizure, sites of seizure and/or photographs of seized articles;

1. Photographss of damaged vehicles, hacks photographs, and damaged glass photographs;

1. Guidance for indicating moving lines;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (specific time of crime, CCTV perusal, CCTV image analysis reports);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant's grounds for sentencing of Article 32 (1) 3 and Article 25 (3) 3 (the existence or scope of liability for compensation is not clear) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation, etc., are raising complaints regarding the transfer property transaction.

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