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(영문) 인천지방법원 2018.08.09 2018고단3116
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of BMW car.

On February 12, 2018, the Defendant driven the above car at around 15:55, and listened to the opinion that the parking fee can be settled only by using the card through the diaphone in the first floor parking lot underground of the Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and then damaged the blocking device equivalent to KRW 900,000,000 at the market price by pushing the blocking department installed in front of the above diaphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. 【The reason for sentencing under Article 62(1) of the Criminal Act 【The scope of the recommended sentence” [Article 62(1) of the suspended sentence [Article 62(1) of the Criminal Act 【The scope of the recommendation - 6] mitigated area / [Article 6] Special mitigated person: victim’s not subject to punishment (Submission of August 8, 2018) / Domestic violence tendency has been revealed in recent years. As such, it is certain as punishment for property type, but it is difficult to achieve the effect of suppressing recidivism.

However, it is appropriate to treat the mitigated person in a prudent society only once in light of the proportion of the mitigated person and the size of illegal as a result.

The punishment for four months shall be determined by imprisonment within the scope of the recommended punishment, but the execution of the punishment shall be suspended for a period of one year.

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